Anoneumouse response to CM 6923
Att
Tom Wilson
Clerk to the Committee
Select Committee on the Constitution
House of Lords
London
SW1A 0PW
I am most grateful to be given an opportunity to comment upon the Governments Response to the House of Lords Constitution Committees, Fifteenth Report of Session 2005-06- "Waging War: Parliaments role and responsibility" (CM 6923)
First of all and with respect, may I suggest, that the Constitutional committee, needs to disabuse and quite rightly so, both the Prime Minister and the un-elected Secretary of State for Constitutional Affairs, in that their assertions made at para 4 and 5, are incorrect.
"……..That existing and legal and constitutional convention is that it must be the Government which takes the decision in accordance with its own assessment of the position. That is one of the key responsibilities for which it has been elected……"
The Government (the executive) is not elected but is drawn from the legislature, Parliament; The Government of the United Kingdom is carried on in the name of HM The Queen. The principle of Collective Ministerial Responsibility is that all the Queen's principal ministers - ("the Cabinet") are collectively responsible to Parliament for the conduct of Her Majesty's Government.
However, and this should be noted, it is only a principle. The Cabinet is not formally recognised by Parliament or the Courts and that the institutions and practices which have grown up are not in legislation nor in Common Law nor in the law and custom of Parliament.
Further, the weasel phrase at para 5 "it would be almost impossible to identify a set of circumstances, which would allow the Government to act without parliamentary support" is in my view the 'straw man' in this Governments response.
UK Governments since the 1972 have claimed that European Law is "supreme" in the UK .
In November 2005, under the provision of the Royal Prerogative, the Prime Minister signed up to the European Union Constitutional Treaty, which quite clearly states at TITLE III Article I-16 Member States shall actively and unreservedly support the Union's common foreign and security policy in a spirit of loyalty and mutual solidarity and shall comply with the Union's action in this area. They shall refrain from action contrary to the Union's interests or likely to impair its effectiveness.
Although the European Union Constitutional Treaty has yet to be ratified, a similar clause is in existence within the current EU Treaty at Article 224.
The UK government has already committed troops and treasure to the European Union.
What would be the position in law if the EU attempted to impose its will on the UK?
Back in 1973 it was almost impossible to identify a set of circumstances, which would allow the Common Market to become a federal state.
Tom Wilson
Clerk to the Committee
Select Committee on the Constitution
House of Lords
London
SW1A 0PW
I am most grateful to be given an opportunity to comment upon the Governments Response to the House of Lords Constitution Committees, Fifteenth Report of Session 2005-06- "Waging War: Parliaments role and responsibility" (CM 6923)
First of all and with respect, may I suggest, that the Constitutional committee, needs to disabuse and quite rightly so, both the Prime Minister and the un-elected Secretary of State for Constitutional Affairs, in that their assertions made at para 4 and 5, are incorrect.
"……..That existing and legal and constitutional convention is that it must be the Government which takes the decision in accordance with its own assessment of the position. That is one of the key responsibilities for which it has been elected……"
The Government (the executive) is not elected but is drawn from the legislature, Parliament; The Government of the United Kingdom is carried on in the name of HM The Queen. The principle of Collective Ministerial Responsibility is that all the Queen's principal ministers - ("the Cabinet") are collectively responsible to Parliament for the conduct of Her Majesty's Government.
However, and this should be noted, it is only a principle. The Cabinet is not formally recognised by Parliament or the Courts and that the institutions and practices which have grown up are not in legislation nor in Common Law nor in the law and custom of Parliament.
Further, the weasel phrase at para 5 "it would be almost impossible to identify a set of circumstances, which would allow the Government to act without parliamentary support" is in my view the 'straw man' in this Governments response.
UK Governments since the 1972 have claimed that European Law is "supreme" in the UK .
In November 2005, under the provision of the Royal Prerogative, the Prime Minister signed up to the European Union Constitutional Treaty, which quite clearly states at TITLE III Article I-16 Member States shall actively and unreservedly support the Union's common foreign and security policy in a spirit of loyalty and mutual solidarity and shall comply with the Union's action in this area. They shall refrain from action contrary to the Union's interests or likely to impair its effectiveness.
Although the European Union Constitutional Treaty has yet to be ratified, a similar clause is in existence within the current EU Treaty at Article 224.
The UK government has already committed troops and treasure to the European Union.
What would be the position in law if the EU attempted to impose its will on the UK?
Back in 1973 it was almost impossible to identify a set of circumstances, which would allow the Common Market to become a federal state.
Anoneumouse.
.
posted by Anoneumouse at 12:30 pm
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