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politicalbetting.com » Blog Archive » Government loses Article 50 case. Theresa May is the big loser

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  • Options
    StereotomyStereotomy Posts: 4,092
    taffys said:

    David Cameron promised a vote would be binding. We were constantly told by remainers that leave meant leave, there was no going back and once it was done it was done.

    Was I wrong to believe this?

    What about the ruling contradicts any of that?
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    rcs1000rcs1000 Posts: 54,052
    MikeK said:
    Actually, that's really dumb for a whole bunch of reasons, putting a lot of companies in legal limbo, and abrogating our treaty obligations.
  • Options
    rcs1000 said:

    MikeK said:
    Actually, that's really dumb for a whole bunch of reasons, putting a lot of companies in legal limbo, and abrogating our treaty obligations.
    It's by Raheem Kassam, what did you expect?
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    I always said we'd never leave the EU,irrespective of the Brexit vote ..... we're simply too locked in politically, legally and economically.
    Would Mrs May risk a GE three years early (always assuming she could) to get her own way? No way Jose.
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    taffystaffys Posts: 9,753
    ''What about the ruling contradicts any of that? ''

    Erm....that the vote isn't binding?
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    619619 Posts: 1,784
    taffys said:

    ''Yes. the referendum was advisory ''

    So Cameron and the remainers lied through their teeth?

    I see.

    350 million a week back to the NHS
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    rcs1000 said:

    Can anyone actually explain what constitutional principle is at stake here? Was a parliament voted needed to apply to join?
    The Treaty we signed only became binding with the consent of parliament, so yes.

    Governments can withdraw from Treaties such as the 1972 European Treaty to join the EU..

    However, the 1972 Treaty indirectly also gave domestic rights to UK citizens. Domestic rights can not be withdrawn by Governments without parliament's agreement.

    So parliament's agreement is needed to trigger Article 50 because it leads to withdrawal of domestic rights.
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    DromedaryDromedary Posts: 1,194

    Don't laugh, but say Jeremy Corbyn became Prime Minister, you'd want to make sure the limits of the Royal Prerogative were delineated clearly lest he start doing things like pulling us out of NATO and inviting the Russians to station troops and weapons here.

    That last clause is absurd. There are foreign troops and weapons here, and nobody ever asked Parliament whether it was OK. What mechanism would you accept for leaving NATO? It was the royal prerogative (under a Labour government) that took Britain in, but you don't think its use would be legitimate to take Britain out?

  • Options
    taffys said:

    ''What about the ruling contradicts any of that? ''

    Erm....that the vote isn't binding?

    It doesn't say that, to put it simply, this ruling is how we leave, not about stopping us leaving.
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    IanB2IanB2 Posts: 47,325

    taffys said:

    David Cameron promised a vote would be binding. We were constantly told by remainers that leave meant leave, there was no going back and once it was done it was done.

    Was I wrong to believe this?

    What about the ruling contradicts any of that?
    He didn't promise that the vote would be binding. He promised that the government would respect it. Which they are.
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    AlanbrookeAlanbrooke Posts: 23,760
    edited November 2016

    taffys said:

    ''What about the ruling contradicts any of that? ''

    Erm....that the vote isn't binding?

    It doesn't say that, to put it simply, this ruling is how we leave, not about stopping us leaving.
    oh dont be ridiculous, it's sandbagging an exit by playing the lawyer game.
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    williamglennwilliamglenn Posts: 48,116
    rcs1000 said:

    MikeK said:
    Actually, that's really dumb for a whole bunch of reasons, putting a lot of companies in legal limbo, and abrogating our treaty obligations.
    You voted for this mess on the basis that it wouldn't be a mess.
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    StereotomyStereotomy Posts: 4,092
    taffys said:

    ''What about the ruling contradicts any of that? ''

    Erm....that the vote isn't binding?

    I didn't think the government was legally bound to follow the referendum result in the first place.
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    peter_from_putneypeter_from_putney Posts: 6,875
    edited November 2016
    O/T

    It's 7.07am on the East Coast of the US and the nation is waking up to a further shift towards Trump. 538.com now has North Carolina in having joined Florida as being pink tinted in their electoral map.
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    tlg86tlg86 Posts: 25,195
    What share of the popular vote would Ukip need to win to win an overall majority at the next election?
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    MarkSeniorMarkSenior Posts: 4,699

    O/T

    It's 7.03am on the East Coast of the US and the nation is waking up to a further shift towards Trump. 538.com now has North Carolina in having joined Florida as being pink tinted in their electoral map.

    A further shift towards Trump except in several polls that have shifted to Clinton .
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    taffystaffys Posts: 9,753
    ''I didn't think the government was legally bound to follow the referendum result in the first place.''

    Really? Check back through the threads from the summer and count the times remainers told us out was out, there was no going back and the die was cast - so be careful with your decision.

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    rcs1000rcs1000 Posts: 54,052
    taffys said:

    David Cameron promised a vote would be binding. We were constantly told by remainers that leave meant leave, there was no going back and once it was done it was done.

    Was I wrong to believe this?

    The text of the referendum bill made it clear that the referendum was advisory. It is quite possible, and it has been done in the past, to make a referendum binding.

    The referendum has no legal weight. The question, from a point of law, is simply "is it within the prerogative of the government acting on behalf of the Crown to invoke Article 50".

    Jack of Kent, and other constitutional lawyers, have made the case that no it isn't, because the very Act of invocation will cause UK citizens, two years down the line, to lose rights that had been granted to them under Primary UK legislation. It is not in the prerogative of the Executive to strip rights from citizens without recourse to parliament.

    The government should have tabled the Bill on the day following the referendum. It would have passed 600 to 50, and sailed through the Lords.

    Instead, Mrs May got into a stupid fight. Every day that passes between the referendum and parliament's assent increases the distance MPs feel from their constituents decisions and increases the chance 'events' will intervene.

    Theresa, pass the Bill.
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    MikeKMikeK Posts: 9,053
    Well this legal decision has certainly pushed the US elections down to the cellar today.
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    DromedaryDromedary Posts: 1,194
    edited November 2016
    The government say "We will appeal this judgment". Can't they speak British English?

    oh dont be ridiculous, it's sandbagging an exit by playing the lawyer game.

    May could introduce an Article 50 bill to the Commons today if she wanted. If she knew how to show leadership, she would.
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    MikeK said:
    Er. Didn't the Government agree that it was an issue that a court should decide?
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    taffystaffys Posts: 9,753
    The text of the referendum bill made it clear that the referendum was advisory. It is quite possible, and it has been done in the past, to make a referendum binding.

    Whatever the merits of the case, this was NOT was remainers told us. We were told that out meant out. NO going back. No second thoughts. Be careful what you wish for.
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    stodgestodge Posts: 12,883
    Morning again all :)

    I go to a meeting and come back to find all shades of hell have been released.

    Time for a hefty dose of perspective - today's outcome was always a possibility as was the appeal to the Supreme Court which will, I suspect, be successful before Christmas and won't hold up the triggering of A50 much if at all.

    As someone who against my Party voted to LEAVE (the Conservative Party was apparently neutral unwilling or unable to support its own leader and Prime Minister for some reason), I didn't vote for Brexit on any terms but I did vote for the process of leaving to begin.

    Like many, I thought A50 would be triggered on June 24th but given the complete lack of preparation (seemingly) within Government for the eventuality of a LEAVE vote (and every time anyone like TSE says how wonderful Osborne is, ask him why there was no planning for a LEAVE vote apart from Carney at the BoE it seems ?), it's understandable a period of preparation (say 6 months) was in order.

    Again, I voted for the process of LEAVE to begin but not for the outcome of that process. I would expect the resulting Treaty to be properly scrutinised within Parliament and perhaps to be put before the public in a referendum (or via a General Election).

    The A50 process and negotiations have to happen - the LEAVE vote mandated that in my view. It did not mandate the outcome in terms of the final Treaty - I want us to LEAVE but I'm not prepared to accept any form of soft boiled or half baked Brexit.
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    StereotomyStereotomy Posts: 4,092
    taffys said:

    ''I didn't think the government was legally bound to follow the referendum result in the first place.''

    Really? Check back through the threads from the summer and count the times remainers told us out was out, there was no going back and the die was cast - so be careful with your decision.

    Well of course. Because it'd be political suicide for the government to say "Actually, nah, we're not doing it". They were never going to ignore the result. But that doesn't mean they were legally bound to follow it.
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    rcs1000rcs1000 Posts: 54,052

    rcs1000 said:

    Can anyone actually explain what constitutional principle is at stake here? Was a parliament voted needed to apply to join?
    The Treaty we signed only became binding with the consent of parliament, so yes.

    Governments can withdraw from Treaties such as the 1972 European Treaty to join the EU..

    However, the 1972 Treaty indirectly also gave domestic rights to UK citizens. Domestic rights can not be withdrawn by Governments without parliament's agreement.

    So parliament's agreement is needed to trigger Article 50 because it leads to withdrawal of domestic rights.
    Exactly right.

    (Or so my reading of Jack of Kent suggests.)
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    ChrisChris Posts: 11,136
    taffys said:

    ''I didn't think the government was legally bound to follow the referendum result in the first place.''

    Really? Check back through the threads from the summer and count the times remainers told us out was out, there was no going back and the die was cast - so be careful with your decision.

    Wow. There's a novel constitutional doctrine. Comments on political betting websites have the power to bind the future actions of the government.
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    MikeK said:
    The High Court did not raise the issue.

    It was brought to the High Court for a judgement on the constitutional position by a couple of citizens, as is their right.
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    tlg86 said:

    What share of the popular vote would Ukip need to win to win an overall majority at the next election?

    On 650 seats

    A vote share of

    Con 23%

    Lab 23%

    Lib Dem 5%

    UKIP 37%

    Sees a UKIP majority of 50
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    AnneJGPAnneJGP Posts: 2,869
    Well that does surprise me (not that I know anything about the law).

    Interesting times.

    Good afternoon, everyone.
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    GardenwalkerGardenwalker Posts: 20,870
    taffys said:

    The text of the referendum bill made it clear that the referendum was advisory. It is quite possible, and it has been done in the past, to make a referendum binding.

    Whatever the merits of the case, this was NOT was remainers told us. We were told that out meant out. NO going back. No second thoughts. Be careful what you wish for.

    So Remainers are responsible for interpreting and executing Brexit?

    So stupid.
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    PlatoSaidPlatoSaid Posts: 10,383
    Bill Mitchell
    How is ABC faking a 2 point lead for Hillary despite just a D-7 sample? They dropped Trump from +15 to +7 w/ I's and to only 6 w/ blacks.

    After two days of awful news cycle...
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    john_zimsjohn_zims Posts: 3,399
    @TheScreamingEagles"


    'It doesn't say that, to put it simply, this ruling is how we leave, not about stopping us leaving.'


    To put it simply your comment is absurd.
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    So much for Mike and I's plan not to do any Brexit threads between the 1st of November and the 10th of November
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    rcs1000 said:

    taffys said:

    David Cameron promised a vote would be binding. We were constantly told by remainers that leave meant leave, there was no going back and once it was done it was done.

    Was I wrong to believe this?

    The text of the referendum bill made it clear that the referendum was advisory. It is quite possible, and it has been done in the past, to make a referendum binding.

    The referendum has no legal weight. The question, from a point of law, is simply "is it within the prerogative of the government acting on behalf of the Crown to invoke Article 50".

    Jack of Kent, and other constitutional lawyers, have made the case that no it isn't, because the very Act of invocation will cause UK citizens, two years down the line, to lose rights that had been granted to them under Primary UK legislation. It is not in the prerogative of the Executive to strip rights from citizens without recourse to parliament.

    The government should have tabled the Bill on the day following the referendum. It would have passed 600 to 50, and sailed through the Lords.

    Instead, Mrs May got into a stupid fight. Every day that passes between the referendum and parliament's assent increases the distance MPs feel from their constituents decisions and increases the chance 'events' will intervene.

    Theresa, pass the Bill.
    Whilst I agree with the principle you set out I am afraid I think you are very wrong on the outcome. I do not believe Parliament will pass A50. Your confidence in MPs passing it is very misplaced and I think the Lords will scupper it even if it gets that far.

    The very best that can now happen now - and it is by no means ideal - is that this goes to a General Election.

    At this point I am not confident that Article 50 will et triggered at all at any time in the near or medium future.
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    taffystaffys Posts: 9,753
    edited November 2016
    ''Wow. There's a novel constitutional doctrine. Comments on political betting websites have the power to bind the future actions of the government. ''

    The constitutional doctrine is totally irrelevant. All I am doing is nailing a rank remainer lie.
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    rcs1000rcs1000 Posts: 54,052
    taffys said:

    ''I didn't think the government was legally bound to follow the referendum result in the first place.''

    Really? Check back through the threads from the summer and count the times remainers told us out was out, there was no going back and the die was cast - so be careful with your decision.

    Come on dude, the Remainers on this site cannot speak for the government.
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    Dromedary said:

    Don't laugh, but say Jeremy Corbyn became Prime Minister, you'd want to make sure the limits of the Royal Prerogative were delineated clearly lest he start doing things like pulling us out of NATO and inviting the Russians to station troops and weapons here.

    That last clause is absurd. There are foreign troops and weapons here, and nobody ever asked Parliament whether it was OK. What mechanism would you accept for leaving NATO? It was the royal prerogative (under a Labour government) that took Britain in, but you don't think its use would be legitimate to take Britain out?

    The limits being tested are over domestic legislation, not international treaties and so forth.
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    justin124justin124 Posts: 11,527
    FPT
    Morris_Dancer said:
    ' Mr. Essexit, indeed.

    Not guaranteed to get through the Commons, but very unlikely to pass the Lords. Which means a year of delay with the Parliament Act or a fresh election (after repealing the nonsensical Fixed Term Act).'

    The Lords would be unlikely to agree to repeal of the FTA!
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    NigelbNigelb Posts: 62,762

    Can anyone actually explain what constitutional principle is at stake here? Was a parliament voted needed to apply to join?
    The principle is about when Crown prerogative can be used by ministers. The principle is that the Government cannot use royal prerogative to override domestic legislation made by parliament. Article 50 is not a purely foreign relations matter (which would make it more likely to be royal prerogative) since the government accepts it will affect existing domestic legislation. The Court ruled that this is the case and the principle stands and is relevant in this situation.
    And the essential point is the (legal) irrevocability of A50 invocation - which isn't normally the case with treaties.
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    O/T

    It's 7.03am on the East Coast of the US and the nation is waking up to a further shift towards Trump. 538.com now has North Carolina in having joined Florida as being pink tinted in their electoral map.

    A further shift towards Trump except in several polls that have shifted to Clinton .
    Senate still looking good, indeed a bit better, for Democarts:
    http://projects.fivethirtyeight.com/2016-election-forecast/senate/?ex_cid=rrpromo
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    TGOHF said:

    May would be best to get a vote done ASAP - on the small point whether Art 50 can be triggered or not given that the will of the people has been decided.

    Good luck to any MPs that vote against.


    How about any unelected Lords who vote against?
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    NigelbNigelb Posts: 62,762
    taffys said:

    ''I didn't think the government was legally bound to follow the referendum result in the first place.''

    Really? Check back through the threads from the summer and count the times remainers told us out was out, there was no going back and the die was cast - so be careful with your decision.

    I'm not convinced that PB comments have any weight in constitutional law.
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    rcs1000rcs1000 Posts: 54,052

    rcs1000 said:

    taffys said:

    David Cameron promised a vote would be binding. We were constantly told by remainers that leave meant leave, there was no going back and once it was done it was done.

    Was I wrong to believe this?

    The text of the referendum bill made it clear that the referendum was advisory. It is quite possible, and it has been done in the past, to make a referendum binding.

    The referendum has no legal weight. The question, from a point of law, is simply "is it within the prerogative of the government acting on behalf of the Crown to invoke Article 50".

    Jack of Kent, and other constitutional lawyers, have made the case that no it isn't, because the very Act of invocation will cause UK citizens, two years down the line, to lose rights that had been granted to them under Primary UK legislation. It is not in the prerogative of the Executive to strip rights from citizens without recourse to parliament.

    The government should have tabled the Bill on the day following the referendum. It would have passed 600 to 50, and sailed through the Lords.

    Instead, Mrs May got into a stupid fight. Every day that passes between the referendum and parliament's assent increases the distance MPs feel from their constituents decisions and increases the chance 'events' will intervene.

    Theresa, pass the Bill.
    Whilst I agree with the principle you set out I am afraid I think you are very wrong on the outcome. I do not believe Parliament will pass A50. Your confidence in MPs passing it is very misplaced and I think the Lords will scupper it even if it gets that far.

    The very best that can now happen now - and it is by no means ideal - is that this goes to a General Election.

    At this point I am not confident that Article 50 will et triggered at all at any time in the near or medium future.
    The - one paragraph - Bill should have tabled the day Mrs May become PM.

    Do you really believe that Labour MPs inheavily Leave voting constituencies, where UKIP is breathing down their necks, would vote against the wishes of the country and their own constituents?

  • Options

    MikeK said:
    The High Court did not raise the issue.

    It was brought to the High Court for a judgement on the constitutional position by a couple of citizens, as is their right.
    This is the same mistake that people make when talking about the ECJ. The problem is not that either court is activist but that they are bound to make judgements based on quite strict interpretations of the law. It is also why talk of changing the powers of the ECJ or the UK courts is daft. You either accept them or you don't. Thankfully in the case of the ECJ we have a means of taking ourselves out of its jurisdiction (if that ever actually happens). Of course that is not the case with the UK courts.
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    I'm not sure whether anyone has linked to the full transcript. It's here:

    https://www.judiciary.gov.uk/wp-content/uploads/2016/11/judgment-r-miller-v-secretary-of-state-for-exiting-the-eu-20161103.pdf

    Skim readers might alight on just paragraphs 5, 94, 95-96 and 105.
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    Nigelb said:

    Can anyone actually explain what constitutional principle is at stake here? Was a parliament voted needed to apply to join?
    The principle is about when Crown prerogative can be used by ministers. The principle is that the Government cannot use royal prerogative to override domestic legislation made by parliament. Article 50 is not a purely foreign relations matter (which would make it more likely to be royal prerogative) since the government accepts it will affect existing domestic legislation. The Court ruled that this is the case and the principle stands and is relevant in this situation.
    And the essential point is the (legal) irrevocability of A50 invocation - which isn't normally the case with treaties.
    Article 50 author, Lord Kerr, disagrees. He explained: "It is not irrevocable.
    http://www.bbc.co.uk/news/uk-scotland-scotland-politics-37852628
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    DromedaryDromedary Posts: 1,194

    Dromedary said:

    Don't laugh, but say Jeremy Corbyn became Prime Minister, you'd want to make sure the limits of the Royal Prerogative were delineated clearly lest he start doing things like pulling us out of NATO and inviting the Russians to station troops and weapons here.

    That last clause is absurd. There are foreign troops and weapons here, and nobody ever asked Parliament whether it was OK. What mechanism would you accept for leaving NATO? It was the royal prerogative (under a Labour government) that took Britain in, but you don't think its use would be legitimate to take Britain out?

    The limits being tested are over domestic legislation, not international treaties and so forth.
    Yes indeed. I wasn't offering NATO as an analogy to the EU. It was Parliament that took Britain into the EU.
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    rcs1000 said:

    rcs1000 said:

    taffys said:

    David Cameron promised a vote would be binding. We were constantly told by remainers that leave meant leave, there was no going back and once it was done it was done.

    Was I wrong to believe this?

    The text of the referendum bill made it clear that the referendum was advisory. It is quite possible, and it has been done in the past, to make a referendum binding.

    The referendum has no legal weight. The question, from a point of law, is simply "is it within the prerogative of the government acting on behalf of the Crown to invoke Article 50".

    Jack of Kent, and other constitutional lawyers, have made the case that no it isn't, because the very Act of invocation will cause UK citizens, two years down the line, to lose rights that had been granted to them under Primary UK legislation. It is not in the prerogative of the Executive to strip rights from citizens without recourse to parliament.

    The government should have tabled the Bill on the day following the referendum. It would have passed 600 to 50, and sailed through the Lords.

    Instead, Mrs May got into a stupid fight. Every day that passes between the referendum and parliament's assent increases the distance MPs feel from their constituents decisions and increases the chance 'events' will intervene.

    Theresa, pass the Bill.
    Whilst I agree with the principle you set out I am afraid I think you are very wrong on the outcome. I do not believe Parliament will pass A50. Your confidence in MPs passing it is very misplaced and I think the Lords will scupper it even if it gets that far.

    The very best that can now happen now - and it is by no means ideal - is that this goes to a General Election.

    At this point I am not confident that Article 50 will et triggered at all at any time in the near or medium future.
    The - one paragraph - Bill should have tabled the day Mrs May become PM.

    Do you really believe that Labour MPs inheavily Leave voting constituencies, where UKIP is breathing down their necks, would vote against the wishes of the country and their own constituents?

    Yes. I don't think for a minute that Parliament is going to pass this.
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    MaxPBMaxPB Posts: 37,610
    @rcs1000 on getting people on board the Brexit train, I think that's something the government doesn't understand. Brexit is possible because thr leave coalition. Was wide enough to win the vote. Now the government needs to move on from the leave coalition and build a Brexit coalition. It is possible to get a deal done with the EU that pleases 70-75% of people in the country to a minimum level. The unfortunate part is that the Brexit coalition may not be the same as the leave coalition. Until someone in government realises this and also realises that the 52% of leave voters are going to be impossible satisfy then we're stuck in a sort of purgatory where 20% of remain voters and campaigners are trying to stop Brexit and 20% of leave voters are trying to close the borders and end all immigration while 60% of the nation just looks on in despair.

    Passing a vote and getting as many MPs on board as possible is step one of the process.
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    taffystaffys Posts: 9,753
    So Remainers are responsible for interpreting and executing Brexit?

    Absolutely. It was the remainers who emphasized the primacy of the referendum, not leavers.

    It was used as a stick to beat us. No going back. NO second chances. Out means out. Personally I never thought it was binding, and I never believed those remainers who insisted it was final.
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    tlg86tlg86 Posts: 25,195

    tlg86 said:

    What share of the popular vote would Ukip need to win to win an overall majority at the next election?

    On 650 seats

    A vote share of

    Con 23%

    Lab 23%

    Lib Dem 5%

    UKIP 37%

    Sees a UKIP majority of 50
    Thanks. I think that's probably out of reach no matter what happens in the next few years.
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    taffystaffys Posts: 9,753
    ''I'm not convinced that PB comments have any weight in constitutional law. ''

    Does that also go for Prime Minister David Cameron?
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    dr_spyndr_spyn Posts: 11,289
    First time Labour MPs praise a hedge fund manager.
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    HYUFDHYUFD Posts: 117,100
    I doubt this changes too much as the Government has a majority in the Commons and the backing of the DUP and Carswell to trigger Article 50. There can also be no vote yet on the Brexit terms as negotiations have not even started. However if Parliament, especially the Lord's, delays Article 50 being triggered beyond March expect a Paul Nuttall led UKIP to see a quicker revival than Lazarus!
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    AndrewAndrew Posts: 2,900
    edited November 2016
    New Hampshire Trump+1
    http://d279m997dpfwgl.cloudfront.net/wp/2016/11/Topline-2016-10-WBUR-NH-General-6.pdf

    It's only one poll of course, and others are a lot better for her, but the overall picture it's clear: it's looking like the weakest brick in Clinton's firewall.

    With Nevada early voting numbers looking good, VA+PA+NH would take her to 269 ..... ME2 to decide it? :-)
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    JonathanDJonathanD Posts: 2,400

    Nigelb said:

    Can anyone actually explain what constitutional principle is at stake here? Was a parliament voted needed to apply to join?
    The principle is about when Crown prerogative can be used by ministers. The principle is that the Government cannot use royal prerogative to override domestic legislation made by parliament. Article 50 is not a purely foreign relations matter (which would make it more likely to be royal prerogative) since the government accepts it will affect existing domestic legislation. The Court ruled that this is the case and the principle stands and is relevant in this situation.
    And the essential point is the (legal) irrevocability of A50 invocation - which isn't normally the case with treaties.
    Article 50 author, Lord Kerr, disagrees. He explained: "It is not irrevocable.
    http://www.bbc.co.uk/news/uk-scotland-scotland-politics-37852628
    For the purpose of the case, both sides agreed it was irrevocable.
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    So why are Leavers afraid of Parliamentary sovereignty?

    Unelected Lords blocking the result of the people's referendum.
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    peter_from_putneypeter_from_putney Posts: 6,875
    edited November 2016

    So much for Mike and I's plan not to do any Brexit threads between the 1st of November and the 10th of November

    Why not? .... Are you attending a grammar course?
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    Would they have made this much fuss if said Judge was heterosexual ?


    https://twitter.com/mjrobbins/status/794151054363529220
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    BromptonautBromptonaut Posts: 1,113
    MikeK said:

    Well this legal decision has certainly pushed the US elections down to the cellar today.

    For which much thanks. It's been like Airstrip One round here lately.
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    MaxPBMaxPB Posts: 37,610

    rcs1000 said:

    rcs1000 said:

    taffys said:

    David Cameron promised a vote would be binding. We were constantly told by remainers that leave meant leave, there was no going back and once it was done it was done.

    Was I wrong to believe this?

    The text of the referendum bill made it clear that the referendum was advisory. It is quite possible, and it has been done in the past, to make a referendum binding.

    The referendum has no legal weight. The question, from a point of law, is simply "is it within the prerogative of the government acting on behalf of the Crown to invoke Article 50".

    Jack of Kent, and other constitutional lawyers, have made the case that no it isn't, because the very Act of invocation will cause UK citizens, two years down the line, to lose rights that had been granted to them under Primary UK legislation. It is not in the prerogative of the Executive to strip rights from citizens without recourse to parliament.

    The government should have tabled the Bill on the day following the referendum. It would have passed 600 to 50, and sailed through the Lords.

    Instead, Mrs May got into a stupid fight. Every day that passes between the referendum and parliament's assent increases the distance MPs feel from their constituents decisions and increases the chance 'events' will intervene.

    Theresa, pass the Bill.
    Whilst I agree with the principle you set out I am afraid I think you are very wrong on the outcome. I do not believe Parliament will pass A50. Your confidence in MPs passing it is very misplaced and I think the Lords will scupper it even if it gets that far.

    The very best that can now happen now - and it is by no means ideal - is that this goes to a General Election.

    At this point I am not confident that Article 50 will et triggered at all at any time in the near or medium future.
    The - one paragraph - Bill should have tabled the day Mrs May become PM.

    Do you really believe that Labour MPs inheavily Leave voting constituencies, where UKIP is breathing down their necks, would vote against the wishes of the country and their own constituents?

    Yes. I don't think for a minute that Parliament is going to pass this.
    300 Tory MPs, plus the DUP, UUP and Carsewell would be enough to see it through. In reality it would also get about 100 Labour MPs, many of whom campaigned to leave giving a minimum majority of 150 IMO. The Lords is where Labour and the Lib Dems may try and frustrate the process, even then the PM will declare war on them and stuff the Lords with 100 new Tory peers.
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    rcs1000rcs1000 Posts: 54,052

    Yes. I don't think for a minute that Parliament is going to pass this.

    Richard, I have a massive amount of respect for you, but in this case I think you're insane. Politicians love winning elections and gaining power. There may be a few crazies (Nick Clegg, Kenneth Clarke) who genuinely love the EU, but for most it was just a part of the post War consensus.

    There are no votes to be won in Sunderland or Stoke-on-Trent or a hundred other Labour seats for opposing this. On the contrary, MPs who opposed the overwhelming will of their constituents would find themselves without a job come the next election. Even inside the Liberal Democrats, Vince Cable and Paddy Ashdown have said the will of the people must be respected.
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    DromedaryDromedary Posts: 1,194

    MikeK said:
    The High Court did not raise the issue.

    It was brought to the High Court for a judgement on the constitutional position by a couple of citizens, as is their right.
    May I nominate "It was a mistake for the courts to intervene on what is an explosive political issue" as the silliest sentence I have read so far today. The government must obey the law. The courts interpret the law.
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    taffys said:

    ''I'm not convinced that PB comments have any weight in constitutional law. ''

    Does that also go for Prime Minister David Cameron?

    Yes. A Prime Minister's comments have no more weight in law than a PB poster's comments.
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    taffystaffys Posts: 9,753
    First time Labour MPs praise a hedge fund manager.

    Yep. A wealthy, privileged member of the elite. Should go down well in the North of England.
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    tlg86 said:

    tlg86 said:

    What share of the popular vote would Ukip need to win to win an overall majority at the next election?

    On 650 seats

    A vote share of

    Con 23%

    Lab 23%

    Lib Dem 5%

    UKIP 37%

    Sees a UKIP majority of 50
    Thanks. I think that's probably out of reach no matter what happens in the next few years.
    I found that by accident. I was trying to find what Labour's floor was under Corbyn was and what it translated into seats and I transposed the Tory and UKIP share of the vote.
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    Carolus_RexCarolus_Rex Posts: 1,414
    Is there an equivalent case going through the Scottish courts?
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    tlg86 said:

    What share of the popular vote would Ukip need to win to win an overall majority at the next election?

    On 650 seats

    A vote share of

    Con 23%

    Lab 23%

    Lib Dem 5%

    UKIP 37%

    Sees a UKIP majority of 50
    UKIP don't have enough non-fruitcakes to provide that many MPs.
    I'm wondering whether they have enough to provide one leader.
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    GardenwalkerGardenwalker Posts: 20,870
    rcs1000 said:

    rcs1000 said:

    taffys said:

    David Cameron promised a vote would be binding. We were constantly told by remainers that leave meant leave, there was no going back and once it was done it was done.

    Was I wrong to believe this?

    The text of the referendum bill made it clear that the referendum was advisory. It is quite possible, and it has been done in the past, to make a referendum binding.

    The referendum has no legal weight. The question, from a point of law, is simply "is it within the prerogative of the government acting on behalf of the Crown to invoke Article 50".

    Jack of Kent, and other constitutional lawyers, have made the case that no it isn't, because the very Act of invocation will cause UK citizens, two years down the line, to lose rights that had been granted to them under Primary UK legislation. It is not in the prerogative of the Executive to strip rights from citizens without recourse to parliament.

    The government should have tabled the Bill on the day following the referendum. It would have passed 600 to 50, and sailed through the Lords.

    Instead, Mrs May got into a stupid fight. Every day that passes between the referendum and parliament's assent increases the distance MPs feel from their constituents decisions and increases the chance 'events' will intervene.

    Theresa, pass the Bill.
    Whilst I agree with the principle you set out I am afraid I think you are very wrong on the outcome. I do not believe Parliament will pass A50. Your confidence in MPs passing it is very misplaced and I think the Lords will scupper it even if it gets that far.

    The very best that can now happen now - and it is by no means ideal - is that this goes to a General Election.

    At this point I am not confident that Article 50 will et triggered at all at any time in the near or medium future.
    The - one paragraph - Bill should have tabled the day Mrs May become PM.

    Do you really believe that Labour MPs inheavily Leave voting constituencies, where UKIP is breathing down their necks, would vote against the wishes of the country and their own constituents?

    I'm not convinced it would have passed in the post-vote shock. I think it would now, but only if May was willing to reveal her negotiating hand.

    I think May is actually too frit to do that.

    I still think the SC will overturn (by finding perhaps that it was not domestic rights created by the 1972 Act (but Treaty Rights), or perhaps that exercising not Article 50 does not on its own constitute exiting the EU and forfeiting those rights.

    But if not, a 2017 election - which i previously estimated at 50pc must be somewhere closer to 65, 70pc now.
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    Sean_Fear said:

    So why are Leavers afraid of Parliamentary sovereignty?

    Because we're dealing with opponents who will do everything in their power to frustrate the wishes of the voters.
    But more LEAVE voters than REMAIN ones voters have changed their minds.
    http://www2.politicalbetting.com/index.php/archives/2016/10/18/the-nearest-run-thing/
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    AlanbrookeAlanbrooke Posts: 23,760

    Would they have made this much fuss if said Judge was heterosexual ?


    https://twitter.com/mjrobbins/status/794151054363529220

    depends what he's been doing with his sword
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    Two comments on the judgment:

    1) It's carefully argued.

    2) The judges have missed (ducked?) the opportunity to provide a pithy statement of general principles in terms that the general public can easily understand. I hope that the Supreme Court remedies this gap.
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    JobabobJobabob Posts: 3,807

    IanB2 said:

    So let me see if I have got this right. The Govt. appeals - and wins -> storm in a teacup. As you were.

    Or the Govt. loses the appeal. May puts Art 50 to the Commons.

    Where Labour has to decide whether to support her - and if they do, look terminally weak, having (kinda) campaigned to Remain. Or campaign with the LibDems and the SNP to block Article 50 - and so the will of the people - and go into an election in early 2017 with Corbyn as leader?

    What's the point of the Government appealing? They've already taken the hit and the accompanying bad publicity. They haven't much to fear by going to a vote on A50, and appealing simply involves delay and risks double humiliation.
    Well at the moment, it looks like the Establishment trying to interfere with the will of the people.
    Not really. They are simply interpreting the constitution as it stands.
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    justin124justin124 Posts: 11,527
    RochdalePioneers said:
    » show previous quotes
    ' Fixed Term Parliament Act made the timetable very clear - 17 working days between proroguing of Parliament and polling day.'

    That is incorrect! The period is now 25 days-ie 5 weeks from Dissolution. That assumes that 2/3 of MPs have agreed. If polls remain close to where they have been recently I cannot see Corbyn bowing to her wishes - despite earlier statements.
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    taffystaffys Posts: 9,753
    ''There are no votes to be won in Sunderland or Stoke-on-Trent or a hundred other Labour seats for opposing this.''

    100% correct...totally agree. And Corbyn's comments reflect this.
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    rcs1000rcs1000 Posts: 54,052
    MaxPB said:

    @rcs1000 on getting people on board the Brexit train, I think that's something the government doesn't understand. Brexit is possible because thr leave coalition. Was wide enough to win the vote. Now the government needs to move on from the leave coalition and build a Brexit coalition. It is possible to get a deal done with the EU that pleases 70-75% of people in the country to a minimum level. The unfortunate part is that the Brexit coalition may not be the same as the leave coalition. Until someone in government realises this and also realises that the 52% of leave voters are going to be impossible satisfy then we're stuck in a sort of purgatory where 20% of remain voters and campaigners are trying to stop Brexit and 20% of leave voters are trying to close the borders and end all immigration while 60% of the nation just looks on in despair.

    Passing a vote and getting as many MPs on board as possible is step one of the process.

    Agree 100%

    (I'm worrying that you and I are beginning to sound like an echo chamber on here...)
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    rcs1000rcs1000 Posts: 54,052
    As an aside, I'm just about to be put under general anaesthetic so wish me luck.
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    JobabobJobabob Posts: 3,807

    rcs1000 said:

    rcs1000 said:

    taffys said:

    David Cameron promised a vote would be binding. We were constantly told by remainers that leave meant leave, there was no going back and once it was done it was done.

    Was I wrong to believe this?

    The text of the referendum bill made it clear that the referendum was advisory. It is quite possible, and it has been done in the past, to make a referendum binding.

    The referendum has no legal weight. The question, from a point of law, is simply "is it within the prerogative of the government acting on behalf of the Crown to invoke Article 50".

    Jack of Kent, and other constitutional lawyers, have made the case that no it isn't, because the very Act of invocation will cause UK citizens, two years down the line, to lose rights that had been granted to them under Primary UK legislation. It is not in the prerogative of the Executive to strip rights from citizens without recourse to parliament.

    The government should have tabled the Bill on the day following the referendum. It would have passed 600 to 50, and sailed through the Lords.

    Instead, Mrs May got into a stupid fight. Every day that passes between the referendum and parliament's assent increases the distance MPs feel from their constituents decisions and increases the chance 'events' will intervene.

    Theresa, pass the Bill.
    Whilst I agree with the principle you set out I am afraid I think you are very wrong on the outcome. I do not believe Parliament will pass A50. Your confidence in MPs passing it is very misplaced and I think the Lords will scupper it even if it gets that far.

    The very best that can now happen now - and it is by no means ideal - is that this goes to a General Election.

    At this point I am not confident that Article 50 will et triggered at all at any time in the near or medium future.
    The - one paragraph - Bill should have tabled the day Mrs May become PM.

    Do you really believe that Labour MPs inheavily Leave voting constituencies, where UKIP is breathing down their necks, would vote against the wishes of the country and their own constituents?

    Yes. I don't think for a minute that Parliament is going to pass this.
    Interesting post Richard.

    Why not?
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    justin124justin124 Posts: 11,527
    FrankBooth said:

    ' As much as a dislike the royal prerogative I wonder how much it matters. If parliament doesn't like the government they should get rid of it. How hard would a no confidence motion be? Even under the FTPA we'd still get an election within a couple of weeks.'

    But under that scenario some constitutional experts suggest we could end up with Corbyn as caretaker PM for the election period!
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    GardenwalkerGardenwalker Posts: 20,870
    Relatedly, this surely adds greater piquancy to the Richmond by-election.

    If May does go for a parliamentary vote, every vote will count. LDs should be selling this about having your say on Brexit.
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    rcs1000rcs1000 Posts: 54,052
    taffys said:

    ''There are no votes to be won in Sunderland or Stoke-on-Trent or a hundred other Labour seats for opposing this.''

    100% correct...totally agree. And Corbyn's comments reflect this.

    Corbyn is a secret Leaver, who is (ironically) in a very pro-Remain seat.
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    rcs1000 said:

    taffys said:

    David Cameron promised a vote would be binding. We were constantly told by remainers that leave meant leave, there was no going back and once it was done it was done.

    Was I wrong to believe this?

    The text of the referendum bill made it clear that the referendum was advisory. It is quite possible, and it has been done in the past, to make a referendum binding.

    The referendum has no legal weight. The question, from a point of law, is simply "is it within the prerogative of the government acting on behalf of the Crown to invoke Article 50".

    Jack of Kent, and other constitutional lawyers, have made the case that no it isn't, because the very Act of invocation will cause UK citizens, two years down the line, to lose rights that had been granted to them under Primary UK legislation. It is not in the prerogative of the Executive to strip rights from citizens without recourse to parliament.

    The government should have tabled the Bill on the day following the referendum. It would have passed 600 to 50, and sailed through the Lords.

    Instead, Mrs May got into a stupid fight. Every day that passes between the referendum and parliament's assent increases the distance MPs feel from their constituents decisions and increases the chance 'events' will intervene.

    Theresa, pass the Bill.
    Whilst I agree with the principle you set out I am afraid I think you are very wrong on the outcome. I do not believe Parliament will pass A50. Your confidence in MPs passing it is very misplaced and I think the Lords will scupper it even if it gets that far.

    The very best that can now happen now - and it is by no means ideal - is that this goes to a General Election.

    At this point I am not confident that Article 50 will et triggered at all at any time in the near or medium future.
    Precisely why I reckon a bet with Betfair on Article 50 not being triggered before July 2017 at around odds of 6/4 represents decent value, BUT DYOR.
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    David_EvershedDavid_Evershed Posts: 6,506
    edited November 2016
    Lib Dems need to be careful not to be seen on the side of the House of Lords and blocking the will of the people in the referendum.
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    williamglennwilliamglenn Posts: 48,116
    rcs1000 said:

    There may be a few crazies (Nick Clegg, Kenneth Clarke) who genuinely love the EU, but for most it was just a part of the post War consensus.

    I know this is pedantic, but to call it part of the post War consensus is highly misleading. It was actually the first step in breaking the post War consensus of managed decline.
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    rcs1000 said:

    taffys said:

    ''There are no votes to be won in Sunderland or Stoke-on-Trent or a hundred other Labour seats for opposing this.''

    100% correct...totally agree. And Corbyn's comments reflect this.

    Corbyn is a secret Leaver, who is (ironically) in a very pro-Remain seat.
    "Secret" in the way James Bond is a secret agent...
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    justin124 said:

    FrankBooth said:

    ' As much as a dislike the royal prerogative I wonder how much it matters. If parliament doesn't like the government they should get rid of it. How hard would a no confidence motion be? Even under the FTPA we'd still get an election within a couple of weeks.'

    But under that scenario some constitutional experts suggest we could end up with Corbyn as caretaker PM for the election period!

    Name these constitutional experts and also please provide links.
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    MaxPBMaxPB Posts: 37,610
    rcs1000 said:

    As an aside, I'm just about to be put under general anaesthetic so wish me luck.

    Good luck, my partner had surgery just recently and was fine after a few hours, just a bit queasy.
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    taffystaffys Posts: 9,753
    Corbyn is a secret Leaver, who is (ironically) in a very pro-Remain seat.

    Ahead of a general anaesthetic? Grace under fire sir, sweet dreams and happy wakings.
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    foxinsoxukfoxinsoxuk Posts: 23,548

    tlg86 said:

    What share of the popular vote would Ukip need to win to win an overall majority at the next election?

    On 650 seats

    A vote share of

    Con 23%

    Lab 23%

    Lib Dem 5%

    UKIP 37%

    Sees a UKIP majority of 50
    Just imagine the fun with all those fisticuffs!

    Odds must be shortening on a 2017 election...
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    Cameron is a genius.

    He deliberately made the referendum advisory rather than legally enforceable as his backstop in the event the referendum vote went 'the wrong way'.
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    rcs1000 said:

    taffys said:

    ''There are no votes to be won in Sunderland or Stoke-on-Trent or a hundred other Labour seats for opposing this.''

    100% correct...totally agree. And Corbyn's comments reflect this.

    Corbyn is a secret Leaver, who is (ironically) in a very pro-Remain seat.
    "Secret" in the way James Bond is a secret agent...
    So Diane Abbott's a Bond girl ?
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    rcs1000 said:

    taffys said:

    ''There are no votes to be won in Sunderland or Stoke-on-Trent or a hundred other Labour seats for opposing this.''

    100% correct...totally agree. And Corbyn's comments reflect this.

    Corbyn is a secret Leaver, who is (ironically) in a very pro-Remain seat.
    "Secret" in the way James Bond is a secret agent...
    So Diane Abbott's a Bond girl ?
    Reaches for the mild bleach....
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    MaxPBMaxPB Posts: 37,610

    rcs1000 said:

    taffys said:

    ''There are no votes to be won in Sunderland or Stoke-on-Trent or a hundred other Labour seats for opposing this.''

    100% correct...totally agree. And Corbyn's comments reflect this.

    Corbyn is a secret Leaver, who is (ironically) in a very pro-Remain seat.
    "Secret" in the way James Bond is a secret agent...
    So Diane Abbott's a Bond girl ?
    Mind bleach.
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    dr_spyndr_spyn Posts: 11,289
    rcs1000 said:

    As an aside, I'm just about to be put under general anaesthetic so wish me luck.

    When you wake up you'll find that a GE has been called...

    Hope all goes well for you today.
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    619619 Posts: 1,784
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    JobabobJobabob Posts: 3,807
    Survey Monkey (all fieldwork on or post Email Black Friday) has Hillary leading in FL, CO, NC and PA. But only just clinging to a lead in Wisconsin...



    • North Carolina OCT. 27-NOV. 2 SurveyMonkey

    Clinton +8


    • Colorado OCT. 27-NOV. 2 SurveyMonkey

    Clinton +4

    • Wisconsin OCT. 27-NOV. 2 SurveyMonkey

    Clinton +2

    • Iowa OCT. 27-NOV. 2 SurveyMonkey

    Trump +10

    • Florida OCT. 27-NOV. 2 SurveyMonkey

    Clinton +3

    • Pennsylvania OCT. 27-NOV. 2 SurveyMonkey

    Clinton +5
This discussion has been closed.