This is no longer just about Brexit. This is about how Britain wants to be governed.
The new unelected Tory administration under Theresa May – a million miles away from David Cameron’s government elected only a year ago – wants to pass Brexit by bypassing Parliament.
Yesterday
three high court judges unanimously ruled that this would be illegal.
Parliament must give permission before Britain can Brexit.
Yes,
17 million people voted for Britain to leave the European Union, against 16
million who didn’t want that to happen.
But
we do not have ‘rule by referenda’ in Britain. We have a representative,
Parliamentary democracy that has ruled supreme in our country for hundreds of
years.
The
2016 EU Referendum was an advisory exercise. People gave a simple answer to a
complicated question: should Britain remain in the EU or not? Now, the
government is trying to second-guess what the electorate meant by voting for
Brexit.
Did
the Referendum decide that Britain should leave the EU, but still retain full
and unfettered access to the EU Single Market? No, says the government. The
Referendum clearly stated that Britain wants to end being part of the Single
Market.
But
the Referendum didn’t ask any questions – and therefore could not provide any
answers - about the Single Market.
Did
the Referendum decide that Britain should leave the EU, but still retain ‘free
movement of people’ across our continent? No, says the government. The
Referendum clearly stated that Britain wants to completely end ‘free movement
of people.’
But
the Referendum didn’t ask any questions – and therefore could not provide any
answers – about ‘free movement of people’.
This
is the problem of referendums. They are hopeless at dealing with complicated
issues. And as issues go, there cannot be anything much more complicated than
whether Britain should, or should not, remain a member of the European Union.
That’s
why Britain has a system of representative democracy, where our Members of
Parliament, on our behalf, earnestly consider, debate and decide issues and laws in the
best interests of the country, with full responsibility and accountability. If
they make the wrong decision, the electorate can vote them out of office at the
next election.
But
in a referendum, who takes responsibility for making the wrong decision? Are we
going to hold to account the referendum vote of Mr John Smith of 64 Acacia
Avenue?
He
is not going to be held responsible for making a mistake in the Referendum.
Nobody can even be sure how Mr Smith voted. Nobody can be sure why Mr Smith voted
the way he did.
Unlike
in Parliament, there is no openness or accountability in a referendum vote or,
crucially, detail. Referendums only give yes or no answers to one simple
question. But politics – and life – doesn’t work like that.
When
we’re confronted with complicated issues in our personal lives, we often have
to weigh up many questions that can’t necessarily be answered by yes or no.
Often
when considering solutions to our own problems, the resolution is
multi-faceted, involving compromises, variations, detailed turnarounds and more
than one way forward.
So,
why should it be any different with questions affecting the future of the
country?
That’s
why our Parliamentary democracy is better than making decisions by a popular
vote. And that’s why, when agreeing to the Referendum, Parliament decided that
it should be an advisory exercise only, that would not bind Parliament or the
country.
How
could it be any other way? A referendum decision cannot be set in stone,
because it would then not allow for any fuller or further consideration or change in circumstances.
It
would be like voting, yes or no, on whether your leg should be amputated. On
your basic understanding of what you’ve been told, you vote yes, take the leg
away.
But
later doctors find that the information on why your leg should be amputated was
wrong.
How
would you feel if the doctors then said, “But you voted to have your leg
removed, so sorry, we are going to have to go ahead, even though, as your
doctors, we now know we really should leave your leg where it is”?
Yesterday’s
ruling by three high court judges was 36 pages long and gave substantial,
rational and fully considered legal arguments on why our government would be
breaking the law by taking Britain out of the EU without the consent of our
Parliament.
Of
course Parliament should be fully involved in the decision on Brexit. And of
course we should respect the decision of the courts in this matter.
But
today’s front pages of some our media claim otherwise. The Daily Mail called
the judges ‘Enemies of the people’.
On
the contrary, those papers and politicians now pushing for Britain to be
governed by simplistic, facile popular rule are the ‘Enemies of democracy’.
Some
of today’s front pages are a direct attack on our country’s system of
Parliamentary governance and accountability that, mostly, has served us well
for centuries.
Of
course, our democracy could be improved, but relying on referenda to solve
complicated questions would be taking this country back to the dark ages.
Other articles by Jon Danzig:
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• Readers comments are welcome, including opinions that oppose mine. Comments need to be on-topic. Personal attacks and anonymous postings will not be allowed. To read more about the style of debating that I encourage on all my blogs, please read my article: 'Debate, don't hate'
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This is no longer just about #Brexit. This is about how does #Britain want to be governed. @Jon_Danzig’s commentary: https://t.co/tgOMAhHEXP pic.twitter.com/NaebNrGb4i— Reasons2Remain (@Reasons2Remain) 4 November 2016
#Brexit and the enemies of #democracy. My article now published on my blog. Please share: https://t.co/Rz3WdCJDSF pic.twitter.com/YhRFnZdIeR— Jon Danzig (@Jon_Danzig) November 5, 2016
The pro-Brexit media have got hold of the wrong end of the stick here, and are refusing to let go. The judges have in no way "blocked Brexit": as they made clear in their ruling, this case was not about the arguments for or against leaving the EU, since that's not their decision. Their job was to determine whose decision it should be under current UK law, and that's what they've done.
ReplyDeleteThe Daily Mail and their ilk clearly have no sense of irony: they advocated leaving the EU on the grounds that Parliament should be the ultimate authority in making the laws of the country, but now they're howling in protest at judges who have ruled that Parliament should be the ultimate authority in making the law which will (or possibly won't) trigger Brexit.
Well put.
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