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    619 said:
    Idiotic of Mook to goad white Americans by gloating about their demographic dispossession.
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    JonathanJonathan Posts: 20,901
    edited November 2016

    Jonathan said:

    Charles said:



    It's been a long time since I looked at constitutional law, but my understanding is that if there is any doubt in what Parliament intended, then courts should look at the parliamentary record (i.e. Hansard) to determine intent and make its judgement accordingly.

    I haven't dug through the details, but my understanding was the Referendum Act doesn't say that the referendum is advisory - it merely doesn't say that it is binding.

    The judges have interpreted an absence of a statement that it is binding as meaning that it is not binding.

    However if the Government said during the Parliamentary debate as well as in the various public communications (and I don't know if they did) that they intended to implement the result of the referendum, then surely you can construe that Parliament *intended* the referendum to be binding, even if the actual legislation is silent on the matter.

    The fact that something so important is open to interpretation is a weapons grade screw up.
    Well it isn't. The government didn't argue the point in court, accepting that the referendum was not legally binding. See paragraph 105 (the keen reader can also read 106-108, which explains why the High Court firmly agreed with the government's concession):

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

    I noted earlier that this would probably need to be repeated throughout the thread. I expect it will need to be repeated later as well.
    You can look at this from a number of angles. I defer to your legal expertise. But however you view this, it's a screw up. Correct?
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    NigelbNigelb Posts: 62,731
    rcs1000 said:

    eek said:

    rcs1000 said:

    rcs1000 said:

    I don't think I've ever seen so many people arguing for the right of the Government to do whatever they like without worrying about such technicalities as the law and Parliament, because they're currently proposing to do something with which said people agree.

    No, because they're currently proposing to do something which the people have explicitly instructed them to do.
    Then there should be no problem getting it through Parliament, should there?
    Of course not. It would sail through the Commons and Mrs May could create 100 peers if necessary.

    How does creating 100 peers to ram this through, make this constitutional crisis any better?

    If the peers attempted to circumvent the democratically expressed will of the people then - as in 1906 - the government would be well within its rights to ask the monarch.

    Hoops, however inconvenient, must be jumped through.
    There would be a significant time delay doing that. And I believe it was the time delay that the court case was trying to create not a different result...
    Tosh. It could be done this year.
    Agreed - if the PM is sufficiently ruthless.

    Given that May has up until now taken upon herself the decision when A50 is going to be invoked (as opposed to doing so automatically, as a result of the referendum decision), I cannot see what great principle is sacrificed by required the rubber stamp of parliamentary approval.

    I can quite understand the frustration of those who think that, for the first time ever, they have managed to get their voice heard on an issue they care about, but that has nothing whatever to do with the legal correctness (or otherwise) of the court decision.
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    williamglennwilliamglenn Posts: 48,101

    Mr. Charles, depends whether you consider the advisory status to be a feature or a bug.

    The whole exercise was intended as an elaborate piece of theatre in which the Tory party would have its cathartic date with the people and then we'd all come together having endorsed the status quo and marginalised UKIP. That anyone ever thought an in-out referendum on EU membership was the way to do this was a grotesque failure of judgement.
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    619619 Posts: 1,784
    weejonnie said:

    619 said:
    Well he would, wouldn't he.
    No he wouldn't to donors. He would downplay it to get more money wouldn't he?
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    JackWJackW Posts: 14,787
    One completely unscientific point I'd like to put to PB is the demeanor of Obama over the past several days. It might be he's somewhat demob happy and he's certainly a man who's always enjoyed campaigning but I get the distinct impression that he feels the election is won and his legacy (whether you agree with it or not) is secure.

    Others may have a different take but PBers might like to note this matter over the coming days.
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    DadgeDadge Posts: 2,038
    The newspapers are shocking this morning. These judges were simply doing their job. And they are not blocking Brexit. As of this moment, it's Mrs T May who is blocking Brexit.
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    Scott_PScott_P Posts: 51,453
    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election
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    619619 Posts: 1,784
    JackW said:

    Steven Shepard of "Politico" reconvenes the GOP and Dem insider panel to look at their respective early voting ground games :

    http://www.politico.com/story/2016/11/democratic-insiders-hillarys-ground-game-will-sink-trump-230718

    That's interesting. I think it's been established that Trump ground game is a lot worse than the Dem's overall though.
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    AlistairAlistair Posts: 23,670
    619 said:
    That would be some pretty heroic turnout levels for hispanics in NC if they are the key demographic.
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    taffystaffys Posts: 9,753
    ''Idiotic of Mook to goad white Americans by gloating about their demographic dispossession. ''

    But true. Economics don't matter any more. Its all about identity. If the electorate won't vote for you, import people who will. That is why immigration is a completely key power, and why even here the elite are fighting to the end to keep it.

    IF and when Clinton wins, it will get much worse.
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    FrancisUrquhartFrancisUrquhart Posts: 76,285
    edited November 2016
    Scott_P said:

    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election

    So not resigning at all then...kinda of like a Labour Party suspension for Antisemitic remarks.
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    NickPalmerNickPalmer Posts: 21,352



    As I've been arguing all morning, holding a further vote in Parliament is intrinsically anti-democratic as doing so accepts that Parliament has the right to veto the people's decision. At best, this is storing up trouble for the future.

    Yes, Parliament has the right to veto a referendum. That's representative democracy. Removing that right creates a direct democracy. I'm not necessarily against it, as I said. Do you favour it? Either way, it really can't reasonably be implemented retrospectively and without discussion.

    The safeguard is of course that MPs will be scared to defy a referendum because they'd expect to be voted out. So they are unlikely to do so, though they might add conditions for the content and process of the withdrawal negotiations, which is arguably just the sort of detailed stuff that representatives are better at than direct democracy.
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    Scott_PScott_P Posts: 51,453
    @SVPhillimore: Little quiz for the Brexiteers. Name me three countries without functioning judiciary that you would like to live in. Somalia maybe? twitter.com/Barristerblog/…
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    AlistairAlistair Posts: 23,670
    JackW said:

    One completely unscientific point I'd like to put to PB is the demeanor of Obama over the past several days. It might be he's somewhat demob happy and he's certainly a man who's always enjoyed campaigning but I get the distinct impression that he feels the election is won and his legacy (whether you agree with it or not) is secure.

    Others may have a different take but PBers might like to note this matter over the coming days.

    Gives No Fucks Obama is the most entertaining Obama.
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    tysontyson Posts: 6,050
    JackW....I've been hunting for your ARSE through today's posts.

    Do you know how many Jack's I came across until I found your cheeks...55. And then as I was losing heart, there they were, the most glorious sight. Calling Florida....that's one big ASS call; intuitively I think you're right.

    I wonder though on the night we might see a surprise in a Wisconsin, Michigan Penn or New Hampshire, or Georgia for that matter?
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    JackWJackW Posts: 14,787
    weejonnie said:

    dr_spyn said:
    I suppose just in case someone sets the bonfire onfire.
    There'll be fireworks there then ....

    I'll get my cloak .....
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    MarkHopkinsMarkHopkins Posts: 5,584

    Jonathan said:

    Charles said:



    It's been a long time since I looked at constitutional law, but my understanding is that if there is any doubt in what Parliament intended, then courts should look at the parliamentary record (i.e. Hansard) to determine intent and make its judgement accordingly.

    I haven't dug through the details, but my understanding was the Referendum Act doesn't say that the referendum is advisory - it merely doesn't say that it is binding.

    The judges have interpreted an absence of a statement that it is binding as meaning that it is not binding.

    However if the Government said during the Parliamentary debate as well as in the various public communications (and I don't know if they did) that they intended to implement the result of the referendum, then surely you can construe that Parliament *intended* the referendum to be binding, even if the actual legislation is silent on the matter.

    The fact that something so important is open to interpretation is a weapons grade screw up.
    Well it isn't. The government didn't argue the point in court, accepting that the referendum was not legally binding. See paragraph 105 (the keen reader can also read 106-108, which explains why the High Court firmly agreed with the government's concession):

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

    I noted earlier that this would probably need to be repeated throughout the thread. I expect it will need to be repeated later as well.

    That certainly does make it clear. So the real target of ire should be the Remoaner MPs who may use the vote to frustrate the will of the people, and hope to get away with it by the time the GE comes around. Or the Lords who don't care as they are not voted in.

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    eekeek Posts: 25,007

    Mr. Charles, depends whether you consider the advisory status to be a feature or a bug.

    The whole exercise was intended as an elaborate piece of theatre in which the Tory party would have its cathartic date with the people and then we'd all come together having endorsed the status quo and marginalised UKIP. That anyone ever thought an in-out referendum on EU membership was the way to do this was a grotesque failure of judgement.
    It was supposed to be scrapped as item 1 in the coalition 2 negotiations - then someone accidently destroyed the lib dems....
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    Scott_P said:

    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.
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    Scott_P said:

    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election

    Going to focus on his main job?

    He attracted criticism from some for spending around 1,700 hours annually working as a barrister whilst serving as an MP. Phillips described his own parliamentary attendance record as "excellent", asserting his outside work "doesn’t affect the way in which I perform as an MP", and accused his critics of "envy" over his yearly £750,000 second job earnings

    https://en.wikipedia.org/wiki/Stephen_Phillips_(politician)
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    Scott_PScott_P Posts: 51,453

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.

    @PaulBrandITV: Stephen Philips campaigned for leave but has complained govt is pushing for hard Brexit without mandate. Understand he's exasperated.
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    MikeKMikeK Posts: 9,053
    Good morning all.

    As is known through my Twitter profile I often read selected fantasy books for relaxation. One of them, and of the very best, is the "Wheel of Time" series. One of the hero's in these books is fond of singing a song called "I'm at the bottom of the well and the rain is pouring through" when he gets into trouble or difficulties.

    Well the British governments for the last four decades have been taking us deeper and deeper into the mud at the bottom of an alien well -the EU - and have only themselves to blame for the current mess.

    Despite a barrage of negative and hate propaganda from the 95% of the MSM and government of the time, the British people voted 52% - 48% (in round figures) to leave the the EU, and this should be enough on any constitutional basis for the people to have their way.

    Britain is on the verge of being a non-country thanks to the blindness and greed of our so called betters; our so called elite has led us to the bottom of the well.
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    tlg86tlg86 Posts: 25,193
    JackW said:

    I get the distinct impression that he feels the election is won and his legacy (whether you agree with it or not) is secure.

    A resurgent Russia?
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    Scott_P said:

    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.
    The following tweet says

    Stephen Philips campaigned for leave but has complained govt is pushing for hard Brexit without mandate. Understand he's exasperated.
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    JackW said:

    Latest Fox News EC Projection & Map :

    Clinton 283 .. Trump 192 .. Toss-Up 63

    http://www.foxnews.com/politics/elections/2016/presidential-race

    Jack are you sure Fox are updating their map? Further up the page it refers to a poll conducted Oct 22-25. RCP has a very different picture:
    Clinton 226 .. Trump 180 .. Toss-Up 132
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    eekeek Posts: 25,007
    Charles said:

    Jonathan said:

    Charles said:

    Jonathan said:

    TGOHF said:

    Why don't the government have a 2 line bill with a 12 month sunset clause which gives it permission to trigger Art 50 ?

    Is it really that difficult ?

    Because it would establish the principle that the people are inferior to Parliament.
    Parliament voted for the referendum to be advisory. Hence the need for an Article 50 Act which may be voted down by the House of Lords.

    Cameron should have made the referendum result definitive. Some civil servant probably ensured it was advisory as a fall back just in case the vote was for Leave.

    The referendum's job was to advise the government to enact it, which TMay tried to do by using A50.

    It was not for parliament to have another look at it and consider our 'advice', which is how it is being misconstrued now.

    Yeah, but the govt didn't have the power to enact it. It could have been granted that power. But it wasn't, down to poor legislation. In short Cameron screwed it up.

    It might have well had been a referendum on implementing time travel. Which given the mess we're in, might not be such a bad idea.

    It's been a long time since I looked at constitutional law, but my understanding is that if there is any doubt in what Parliament intended, then courts should look at the parliamentary record (i.e. Hansard) to determine intent and make its judgement accordingly.

    I haven't dug through the details, but my understanding was the Referendum Act doesn't say that the referendum is advisory - it merely doesn't say that it is binding.

    The judges have interpreted an absence of a statement that it is binding as meaning that it is not binding.

    However if the Government said during the Parliamentary debate as well as in the various public communications (and I don't know if they did) that they intended to implement the result of the referendum, then surely you can construe that Parliament *intended* the referendum to be binding, even if the actual legislation is silent on the matter.
    The fact that something so important is open to interpretation is a weapons grade screw up.
    Cameron really wasn't good at the details, was he!
    Don't go there. I've just been chatting to a friend (employment lawyer for a trade union). HMRC have been getting a lot of paperwork in line ready for some IR35 changes they want to do in April... all fine and good until Uber last week and something in the Equality Act 2010 that absolutely no one has noticed until this week.

    Oops may be a very very slight understatement....
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    PlatoSaidPlatoSaid Posts: 10,383
    edited November 2016

    Alistair said:

    Clinton Schedule

    PA
    MI
    OH
    FL
    PA
    NH
    OH
    PA (Clinton/Obama mega rally)

    Two visits to Ohio is interesting.

    PA in play. Panic in Pittsburgh and Philly.
    Clinton in the war hole.
    She's in Detroit today - that is just gobsmacking with 5 days to go.

    I heard an intv on O'Reilly Factor with Cuban news lady - worth watching - 20mins in. She covers the Dade County area of Miami.

    https://www.youtube.com/watch?v=5cfPfZMm8lY
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    AlistairAlistair Posts: 23,670
    JackW said:

    Steven Shepard of "Politico" reconvenes the GOP and Dem insider panel to look at their respective early voting ground games :

    http://www.politico.com/story/2016/11/democratic-insiders-hillarys-ground-game-will-sink-trump-230718

    A rather anodyne article but the one interesting titbit is that the Dems (in Iowa at least) are focused on turning out low propensity voters for early voting.
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    Scott_P said:

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.

    @PaulBrandITV: Stephen Philips campaigned for leave but has complained govt is pushing for hard Brexit without mandate. Understand he's exasperated.
    At lack of advancement? Posh boys out of favour?
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    DadgeDadge Posts: 2,038


    So the Government should bloody get on with it and put the Bill down.
    You've got loads of people here saying "Just put a one paragraph Bill through, do it today, and job bloody done"
    Without needing to shred the law.
    May tells her Party it's going to be a matter leading to dissolution and withdrawal of the whip if they refuse to vote Aye. And dares Labour to vote it down.
    And then dares the Lords to vote it down.

    If it somehow gets voted down, getting a new election isn't difficult, despite the FTPA, and an election with a majority based explicitly around Brexit WILL get such a Bill through, reinforce her authority on the subject, AND ensure that the Lords comply (the Crossbenchers and Tories should be relied upon at the very least - directly after an election based on the subject!)

    Do it. But do it right.

    It's only the media whipping up Brexiteer panic ('cos outrage sells (for most; the Express are probably genuinely that dim) and the Brexiteers obediently following along that's making it even remotely controversial at all.

    It's interesting that in among all those words you didn't actually answer the question...

    As I've been arguing all morning, holding a further vote in Parliament is intrinsically anti-democratic as doing so accepts that Parliament has the right to veto the people's decision. At best, this is storing up trouble for the future.
    But parliament does have that right. Not necessarily in every case, but in this case definitely, thanks to the way DC framed the referendum. What, or actually who, has stored up trouble, is TM, who has been either pig-headed or badly advised. The legal case presented in court was and is incontrovertible. Going to the Supreme Court just prolongs the agony, and that's quite serious because the rabble-rousers are having a field day.
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    Scott_P said:

    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election

    Going to focus on his main job?

    He attracted criticism from some for spending around 1,700 hours annually working as a barrister whilst serving as an MP. Phillips described his own parliamentary attendance record as "excellent", asserting his outside work "doesn’t affect the way in which I perform as an MP", and accused his critics of "envy" over his yearly £750,000 second job earnings

    https://en.wikipedia.org/wiki/Stephen_Phillips_(politician)
    If you're earning £750k as a barrister then I'd think that should properly be described as his main job and serving as an MP is his second job.
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    CharlesCharles Posts: 35,758

    Jonathan said:

    Charles said:



    It's been a long time since I looked at constitutional law, but my understanding is that if there is any doubt in what Parliament intended, then courts should look at the parliamentary record (i.e. Hansard) to determine intent and make its judgement accordingly.

    I haven't dug through the details, but my understanding was the Referendum Act doesn't say that the referendum is advisory - it merely doesn't say that it is binding.

    The judges have interpreted an absence of a statement that it is binding as meaning that it is not binding.

    However if the Government said during the Parliamentary debate as well as in the various public communications (and I don't know if they did) that they intended to implement the result of the referendum, then surely you can construe that Parliament *intended* the referendum to be binding, even if the actual legislation is silent on the matter.

    The fact that something so important is open to interpretation is a weapons grade screw up.
    Well it isn't. The government didn't argue the point in court, accepting that the referendum was not legally binding. See paragraph 105 (the keen reader can also read 106-108, which explains why the High Court firmly agreed with the government's concession):

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

    I noted earlier that this would probably need to be repeated throughout the thread. I expect it will need to be repeated later as well.
    Para 107 addresses my point quite effectively.
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    Mr. Charles, depends whether you consider the advisory status to be a feature or a bug.

    The whole exercise was intended as an elaborate piece of theatre in which the Tory party would have its cathartic date with the people and then we'd all come together having endorsed the status quo and marginalised UKIP. That anyone ever thought an in-out referendum on EU membership was the way to do this was a grotesque failure of judgement.

    Cameron was crap.

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    eek said:

    Mr. Charles, depends whether you consider the advisory status to be a feature or a bug.

    The whole exercise was intended as an elaborate piece of theatre in which the Tory party would have its cathartic date with the people and then we'd all come together having endorsed the status quo and marginalised UKIP. That anyone ever thought an in-out referendum on EU membership was the way to do this was a grotesque failure of judgement.
    It was supposed to be scrapped as item 1 in the coalition 2 negotiations - then someone accidently destroyed the lib dems....
    I doubt it, would have seen upto 100 serial rebel backbench MPs in the Tories (if not mass defections) if it had been scrapped.
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    weejonnieweejonnie Posts: 3,820
    619 said:

    JackW said:

    Steven Shepard of "Politico" reconvenes the GOP and Dem insider panel to look at their respective early voting ground games :

    http://www.politico.com/story/2016/11/democratic-insiders-hillarys-ground-game-will-sink-trump-230718

    That's interesting. I think it's been established that Trump ground game is a lot worse than the Dem's overall though.
    Depends on whether you mean 'bums' or 'paid bums'.
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    Scott_P said:

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.

    @PaulBrandITV: Stephen Philips campaigned for leave but has complained govt is pushing for hard Brexit without mandate. Understand he's exasperated.
    At lack of advancement? Posh boys out of favour?
    He went to Oxford, clear sense of entitlement that place fosters.
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    Richard_TyndallRichard_Tyndall Posts: 30,969
    edited November 2016


    The following tweet says

    Stephen Philips campaigned for leave but has complained govt is pushing for hard Brexit without mandate. Understand he's exasperated.

    I agree entirely with his desire for a reasonable Brexit rather than throwing toys out of prams but maybe he should practice what he preaches. There is everything to play for in the negotiations and to throw it in now seems daft.
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    Tissue_PriceTissue_Price Posts: 9,039
    edited November 2016

    Scott_P said:

    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.
    Stephen Phillips, who voted to leave in the referendum, said the government appeared intent on negotiating “without any regard to the House of Commons” in a way that was “fundamentally undemocratic, unconstitutional and cuts across the rights and privileges of the legislature”.

    Phillips said: “I and many others did not exercise our vote in the referendum so as to restore the sovereignty of this parliament only to see what we regarded as the tyranny of the European Union replaced by that of a government that apparently wishes to ignore the views of the house on the most important issue facing the nation.”


    https://www.theguardian.com/politics/2016/oct/10/tory-mp-anna-soubry-concerned-rush-hard-brexit
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    Scott_P said:

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.

    @PaulBrandITV: Stephen Philips campaigned for leave but has complained govt is pushing for hard Brexit without mandate. Understand he's exasperated.
    At lack of advancement? Posh boys out of favour?
    He went to Oxford, clear sense of entitlement that place fosters.
    Only among the public school boys......
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    Scott_P said:

    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.
    His constituency is mostly coterminous with North Kesteven in Lincs which voted 62% leave. Maybe he was afraid of being deselected if he pushed for soft brexit
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    williamglennwilliamglenn Posts: 48,101

    Mr. Charles, depends whether you consider the advisory status to be a feature or a bug.

    The whole exercise was intended as an elaborate piece of theatre in which the Tory party would have its cathartic date with the people and then we'd all come together having endorsed the status quo and marginalised UKIP. That anyone ever thought an in-out referendum on EU membership was the way to do this was a grotesque failure of judgement.

    Cameron was crap.

    Yes. The sad thing is he'd have been an extremely competent minister, but ultimately he wasn't PM material despite his conviction that he'd be very good at it.
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    Scott_P said:

    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.
    He seems to be backing the judiciary over the executive.
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    Blue_rogBlue_rog Posts: 2,019
    MikeK said:

    Good morning all.

    As is known through my Twitter profile I often read selected fantasy books for relaxation. One of them, and of the very best, is the "Wheel of Time" series. One of the hero's in these books is fond of singing a song called "I'm at the bottom of the well and the rain is pouring through" when he gets into trouble or difficulties.

    Well the British governments for the last four decades have been taking us deeper and deeper into the mud at the bottom of an alien well -the EU - and have only themselves to blame for the current mess.

    Despite a barrage of negative and hate propaganda from the 95% of the MSM and government of the time, the British people voted 52% - 48% (in round figures) to leave the the EU, and this should be enough on any constitutional basis for the people to have their way.

    Britain is on the verge of being a non-country thanks to the blindness and greed of our so called betters; our so called elite has led us to the bottom of the well.

    I'm afraid I found the Wheel of Time series far too turgid to persevere with and gave up around book 8 :grin:

    Have you tried the Magician series by Raymond Feist? I found the whole thing immensely enjoyable
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    taffystaffys Posts: 9,753
    ''But parliament does have that right.''

    When parliament periodically cedes sovereign power to the EU, the latter's decisions are never questioned in the house.

    It cedes power to the electorate once....

    tells you all you need to know about the 'sovereignty' of parliament right now.
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    The following tweet says

    Stephen Philips campaigned for leave but has complained govt is pushing for hard Brexit without mandate. Understand he's exasperated.

    I agree entirely with his desire for a reasonable Brexit rather than throwing toys out of prams but maybe he should practice what he preaches. There is everything to play for in the negotiations and to throw it in now seems daft.
    I posted on here that at conference I spoke to a lot of Leavers who were horrified at the direction of Brexit, call them the Free Traders not bothered by immigration, and they are worried Hard Brexit means an increase in the barriers to trade.

    I reckon Mr Phillips is in that camp.

    Though being an MP for a Lincolnshire seat might have seen him realise the importance of immigration to Brexit.
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    tysontyson Posts: 6,050
    @RichardTyndall
    I take your point earlier that the hedge fund manager's motivations were hardly to champion our Parliamentary democracy.

    I was going to reply that the rationale for the plebiscite in the first place was hardly based on Cameron's belief in democracy.

    We are where we are. I think though, knowing a little bit about how you think from your posts, you will be just as appalled and more than a little worried about the popular responses to the Judges ruling. In the future we may find ourselves on the same page entirely...
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    ReggieCideReggieCide Posts: 4,312

    Scott_P said:

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.

    @PaulBrandITV: Stephen Philips campaigned for leave but has complained govt is pushing for hard Brexit without mandate. Understand he's exasperated.
    At lack of advancement? Posh boys out of favour?
    He went to Oxford, clear sense of entitlement that place fosters.
    Only among the public school boys......
    So what proportion is that?
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    MaxPBMaxPB Posts: 37,610
    edited November 2016
    Something TSE mentioned yesterday that needs real consideration. It is time for the nation to have a real written constitution and a constitutional court which sits separately to the Supreme Court. Our current system of a nod here and a wink there with a side dose of unwritten rules is clearly not going to cut it any longer.
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    JackWJackW Posts: 14,787
    PlatoSaid said:

    Alistair said:

    Clinton Schedule

    PA
    MI
    OH
    FL
    PA
    NH
    OH
    PA (Clinton/Obama mega rally)

    Two visits to Ohio is interesting.

    PA in play. Panic in Pittsburgh and Philly.
    Clinton in the war hole.
    She's in Detroit today - that is just gobsmacking with 5 days to go.

    I heard an intv on O'Reilly Factor with Cuban news lady - worth watching - 20mins in. She covers the Dade County area of Miami.

    https://www.youtube.com/watch?v=5cfPfZMm8lY
    Eeerrr .... no it isn't.

    They are called firewall states for a reason. In 2012 Obama spent some of his final days in Wisconsin and Pennsylvania.

    Their campaign objective is to choke off all routes to 270 for Trump and leave him with no options and not even a sliver of a chance.
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    Scott_P said:

    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.
    His constituency is mostly coterminous with North Kesteven in Lincs which voted 62% leave. Maybe he was afraid of being deselected if he pushed for soft brexit
    I have no idea. I do know that I am one of his constituents and campaigned for Brexit alongside him. He has always been clear about the kind of post Brexit relationship he wanted and I very much doubt he would ever have been under threat.
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    Is dark skin good or bad in SO's colour blind world ?
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    perdixperdix Posts: 1,806
    Charles said:

    taffys said:

    I see Alistair Campbell is calling the multi-millionaire hedge fund manager caught laughing in the face of the British electorate a 'heroine'

    Well, its a view.

    she's a marketing manager for a hedge fund, not a hedge fund manager
    And married the millionaire boss.

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    Charles said:

    Jonathan said:

    Charles said:



    It's been a long time since I looked at constitutional law, but my understanding is that if there is any doubt in what Parliament intended, then courts should look at the parliamentary record (i.e. Hansard) to determine intent and make its judgement accordingly.

    I haven't dug through the details, but my understanding was the Referendum Act doesn't say that the referendum is advisory - it merely doesn't say that it is binding.

    The judges have interpreted an absence of a statement that it is binding as meaning that it is not binding.

    However if the Government said during the Parliamentary debate as well as in the various public communications (and I don't know if they did) that they intended to implement the result of the referendum, then surely you can construe that Parliament *intended* the referendum to be binding, even if the actual legislation is silent on the matter.

    The fact that something so important is open to interpretation is a weapons grade screw up.
    Well it isn't. The government didn't argue the point in court, accepting that the referendum was not legally binding. See paragraph 105 (the keen reader can also read 106-108, which explains why the High Court firmly agreed with the government's concession):

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

    I noted earlier that this would probably need to be repeated throughout the thread. I expect it will need to be repeated later as well.
    Para 107 addresses my point quite effectively.
    As one would expect of three such senior judges, it is a well-reasoned judgment based on principle rather than pedantry. Sadly it is written in lawyerese, so will be read by very few.

    If and when the Supreme Court hear this case, I hope that we get a well-written and well-argued judgment in clear everyday English, whichever way the Supreme Court jumps. Given the importance of the case, the public deserve to be able to understand the court's rationale.

    Lord Sumption and Lord Neuberger are each more than up to this job, if either of them choose to take the challenge on.
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    taffystaffys Posts: 9,753
    Or vice versa?

    LOL. I wish remainers the very best of luck with that image. I really do.
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    Alistair said:

    Clinton Schedule

    PA
    MI
    OH
    FL
    PA
    NH
    OH
    PA (Clinton/Obama mega rally)

    Two visits to Ohio is interesting.

    I only see the one here:
    https://hillaryspeeches.com/scheduled-events/

    It's Cleveland, Ohio which is right up close to PA. Not sure if they share telly with PA people.
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    MaxPBMaxPB Posts: 37,610
    It actually looks like The Times have boosted the white levels and brightness.
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    MaxPB said:

    Something TSE mentioned yesterday that needs real consideration. It is time for the nation to have a real written constitution and a constitutional court which sits separately to the Supreme Court. Our current system of a nod here and a wink there with a side dose of unwritten rules is clearly not going to cut it any longer.

    We need a written constitution, we've codified bits here and there, but not all of it, so it leads to situations like the Article 50 court case.

    I'm happy for the Supreme Court to as the Constitutional Court too
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    JonathanJonathan Posts: 20,901
    May needs to get a grip. This is embarrassing.
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    williamglennwilliamglenn Posts: 48,101
    Scott_P said:
    This might be a good time to repeat my prediction that Theresa May's ICM polling drop will be more precipitous than Major's in 1992.
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    TINFOIL!

    Sun picture looks a lot more like the woman I saw on TV last night. Times pic looks overexposed and shiny.
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    The following tweet says

    Stephen Philips campaigned for leave but has complained govt is pushing for hard Brexit without mandate. Understand he's exasperated.

    I agree entirely with his desire for a reasonable Brexit rather than throwing toys out of prams but maybe he should practice what he preaches. There is everything to play for in the negotiations and to throw it in now seems daft.
    I posted on here that at conference I spoke to a lot of Leavers who were horrified at the direction of Brexit, call them the Free Traders not bothered by immigration, and they are worried Hard Brexit means an increase in the barriers to trade.

    I reckon Mr Phillips is in that camp.

    Though being an MP for a Lincolnshire seat might have seen him realise the importance of immigration to Brexit.
    You have to go into negotiations visibly open to hard Brexit, precisely in order to get a more advantageous softer Brexit. And negotiations are properly a matter for the executive. Tory MPs should certainly be lobbying their Government colleagues as they see fit, but they need to park their egos on this.
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    tysontyson Posts: 6,050

    Scott_P said:

    @PaulBrandITV: BREAKING: I understand Tory MP Stephen Philips is to resign today over govt approach to Brexit. 'Resign' meaning won't contest next election

    I am confused as to what he is objecting to. He was one of those who campaigned for Brexit so unless he feels it is not proceeding quickly enough I can't see what he has to complain about.
    Stephen Phillips, who voted to leave in the referendum, said the government appeared intent on negotiating “without any regard to the House of Commons” in a way that was “fundamentally undemocratic, unconstitutional and cuts across the rights and privileges of the legislature”.

    Phillips said: “I and many others did not exercise our vote in the referendum so as to restore the sovereignty of this parliament only to see what we regarded as the tyranny of the European Union replaced by that of a government that apparently wishes to ignore the views of the house on the most important issue facing the nation.”


    https://www.theguardian.com/politics/2016/oct/10/tory-mp-anna-soubry-concerned-rush-hard-brexit

    You cannot argue with that logic...or maybe you can, but I cannot see it....
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    619619 Posts: 1,784

    JackW said:

    Latest Fox News EC Projection & Map :

    Clinton 283 .. Trump 192 .. Toss-Up 63

    http://www.foxnews.com/politics/elections/2016/presidential-race

    Jack are you sure Fox are updating their map? Further up the page it refers to a poll conducted Oct 22-25. RCP has a very different picture:
    Clinton 226 .. Trump 180 .. Toss-Up 132
    RCP have every state with an average of a 5 lead or below as a toss up. Clinton has a few 5% leads which I would argue are not toss ups
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    AlistairAlistair Posts: 23,670
    Is there anywhere with a comprehensive list of Obama and Romney campaign stops in 2012?
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    Mr. Dadge, I agree on the 'openly gay' line. It's reprehensible to attack a man for that. Also, quite baffling.
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    ...but they need to park their egos on this.

    And as I write that he resigns! LOL.
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    taffys said:

    When parliament periodically cedes sovereign power to the EU, the latter's decisions are never questioned in the house.

    Tell that to John Major.
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    We've got a by election in Sleaford & North Hykeham.
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    MarkHopkinsMarkHopkins Posts: 5,584
    edited November 2016
    MaxPB said:

    It actually looks like The Times have boosted the white levels and brightness.

    Disappointing if they felt the need to do that.

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    JonathanJonathan Posts: 20,901
    Perhaps May should have spent less time playing at the Spectator awards and more time working out a response to the court case or maybe keeping her MPs in the party.

    Her government is a total basket case.
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    MikeKMikeK Posts: 9,053
    edited November 2016
    Blue_rog said:

    MikeK said:

    Good morning all.

    As is known through my Twitter profile I often read selected fantasy books for relaxation. One of them, and of the very best, is the "Wheel of Time" series. One of the hero's in these books is fond of singing a song called "I'm at the bottom of the well and the rain is pouring through" when he gets into trouble or difficulties.

    Well the British governments for the last four decades have been taking us deeper and deeper into the mud at the bottom of an alien well -the EU - and have only themselves to blame for the current mess.

    Despite a barrage of negative and hate propaganda from the 95% of the MSM and government of the time, the British people voted 52% - 48% (in round figures) to leave the the EU, and this should be enough on any constitutional basis for the people to have their way.

    Britain is on the verge of being a non-country thanks to the blindness and greed of our so called betters; our so called elite has led us to the bottom of the well.

    I'm afraid I found the Wheel of Time series far too turgid to persevere with and gave up around book 8 :grin:

    Have you tried the Magician series by Raymond Feist? I found the whole thing immensely enjoyable
    Yes, read it and enjoyed the first half dozen books immensely.

    The Wheel does lag around book 8 but bucks up with book 9 and to a very well written end by Sanderson.
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    MaxPB said:

    It actually looks like The Times have boosted the white levels and brightness.
    I doubt any of its deliberate (and the HuffPo & Independent pictures are closer to the Sun than the Times) buts its indicative of the febrile atmosphere that people are spotting plots and conspiracies where there are probably none.....
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    williamglennwilliamglenn Posts: 48,101

    We've got a by election in Sleaford & North Hykeham.

    General Election 2015: Sleaford and North Hykeham
    Conservative Stephen Phillips 34,805 56.2 +4.6
    Labour Jason Pandya-Wood 10,690 17.3 +0.4
    UKIP Steven Hopkins 9,716 15.7 +12.1
    Liberal Democrat Matthew Holden 3,500 5.7 -12.5
    Lincolnshire Independents Marianne Overton 3,233 5.2 -1.2
    Majority 24,115 38.9
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    tysontyson Posts: 6,050

    We've got a by election in Sleaford & North Hykeham.

    In for a penny...the very glamorous Theresa may as well take the plunge and add another 649 bye elections to it for good measure.....
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    MaxPBMaxPB Posts: 37,610

    We've got a by election in Sleaford & North Hykeham.

    Looks like a simple Con hold tbh.
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    nunununu Posts: 6,024
    Jonathan said:

    May needs to get a grip. This is embarrassing.

    uh oh TSE might be right, she is the pound shop Gordon Brown.
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    ...but they need to park their egos on this.

    And as I write that he resigns! LOL.
    Not as bad as when I re-tipped/backed James Purnell as next Labour leader one morning, and within an hour he announced his intention to stand down as an MP.
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    Scott_PScott_P Posts: 51,453
    Will the Tory candidate in the by-election promise £350m for the NHS?
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    williamglennwilliamglenn Posts: 48,101
    MaxPB said:

    We've got a by election in Sleaford & North Hykeham.

    Looks like a simple Con hold tbh.
    An interesting fight between Momentum and the Kippers though. If Labour are strong it will put paid to any thoughts of an early GE.
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    ReggieCideReggieCide Posts: 4,312


    The following tweet says

    Stephen Philips campaigned for leave but has complained govt is pushing for hard Brexit without mandate. Understand he's exasperated.

    I agree entirely with his desire for a reasonable Brexit rather than throwing toys out of prams but maybe he should practice what he preaches. There is everything to play for in the negotiations and to throw it in now seems daft.
    I posted on here that at conference I spoke to a lot of Leavers who were horrified at the direction of Brexit, call them the Free Traders not bothered by immigration, and they are worried Hard Brexit means an increase in the barriers to trade.

    I reckon Mr Phillips is in that camp.

    Though being an MP for a Lincolnshire seat might have seen him realise the importance of immigration to Brexit.
    You have to go into negotiations visibly open to hard Brexit, precisely in order to get a more advantageous softer Brexit. And negotiations are properly a matter for the executive. Tory MPs should certainly be lobbying their Government colleagues as they see fit, but they need to park their egos on this.
    That's a big ask
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    Mr. Rog, later this month there's a splendid fantasy novel called Kingdom Asunder coming out. You and Mr. K should definitely give it a look ;)
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    MaxPB said:

    We've got a by election in Sleaford & North Hykeham.

    Looks like a simple Con hold tbh.
    Mike has posted on Twitter that the Govt majority will be down to 8, so hopefully he'll be offering odds-against on the Tories!
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    619619 Posts: 1,784
    ABC/WashPost tracking poll, finding "hint of momentum" for Hillary: Clinton 47%, Trump 44%
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    The fight in Sleaford and North Hykeham is a contest about who finishes second, Labour or UKIP
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    tyson said:

    @RichardTyndall
    I take your point earlier that the hedge fund manager's motivations were hardly to champion our Parliamentary democracy.

    I was going to reply that the rationale for the plebiscite in the first place was hardly based on Cameron's belief in democracy.

    We are where we are. I think though, knowing a little bit about how you think from your posts, you will be just as appalled and more than a little worried about the popular responses to the Judges ruling. In the future we may find ourselves on the same page entirely...

    I agree with everything you write there Tyson.
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    That Lincolnshire Independent has kept her deposit at two successive general elections. I wonder what her stance on Brexit is?
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    MaxPBMaxPB Posts: 37,610

    MaxPB said:

    We've got a by election in Sleaford & North Hykeham.

    Looks like a simple Con hold tbh.
    Mike has posted on Twitter that the Govt majority will be down to 8, so hopefully he'll be offering odds-against on the Tories!
    If he is offering anything better than evens you'll have to line up behind me!
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    MikeKMikeK Posts: 9,053

    Mr. Rog, later this month there's a splendid fantasy novel called Kingdom Asunder coming out. You and Mr. K should definitely give it a look ;)

    Who's the author, Morris? ;)
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    Where are those PBers who assured me that Theresa May had a rock solid majority in Parliament because of the DUP, Sinn Fein Abstentions etc
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    MaxPB said:

    It actually looks like The Times have boosted the white levels and brightness.
    I doubt any of its deliberate (and the HuffPo & Independent pictures are closer to the Sun than the Times) buts its indicative of the febrile atmosphere that people are spotting plots and conspiracies where there are probably none.....
    Perhaps not pure chance though that the Times picture shows the poppy she's wearing, while the Sun picture doesn't.
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    taffystaffys Posts: 9,753
    ''uh oh TSE might be right, she is the pound shop Gordon Brown. ''

    That was only his view after supporting her to the hilt against Leadsom.

    Who knows what it will be next week?
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    We've got a by election in Sleaford & North Hykeham.

    Just what his constituents need.....an MP who focuses on his MP's duties, not his £750,000 year 'second' (sic) job.......

    Another entitled public school boy stalks off in a huff....
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    RazedabodeRazedabode Posts: 2,977
    Can't see why May doesnt just go for a General Election now. Get it over and done with.
This discussion has been closed.