Ed – UKIP Daily is publishing the executive summary of this article; the full report has been published by the Bruges Group here.
Warning! If voted through, this agreement will be irreversible. Parliament will have bound its successors to the EU, possibly into the next century.
The Outline Political Declaration prefacing this “deal” says we share basic values with other EU nations and reaffirms our commitment to the ECHR (European Convention on Human Rights). This is supposedly the ideological basis for the deal, which binds us closely to the EU for a “transition” period. However there are certain essential values that we do not share.
Our notion of personal freedom from arbitrary arrest and wrongful imprisonment is safeguarded by our Habeas Corpus laws. These are not shared by our EU partners and are not protected by the ECHR. This research gives a detailed explanation with reference to the articles of the ECHR and citing cases. Our system of criminal justice derives from Magna Carta, theirs from the Inquisition as adopted and adapted by Napoleon.
With the withdrawal agreement we remain subject to EU laws and the ECJ. Can we trust them not to abuse this power? They are in NATO, but not among the “Five Eyes” nations who share sensitive intelligence.
During the ‘transition’ we are subject to EU rules, but have no say in making them. The extension of the “transition” period as far as 2099* is up to the Joint Committee (art. 132). If no consent is reached, it must defer to Arbitration. The Arbitration Panel is subject to the ECJ, where the UK has no representation. A new Parliament can repeal the agreement unilaterally, for “No Parliament Can Bind Its Successors”. Our Supreme Court will say we are free to leave. The ECJ will say No you are not. It’ll be Us versus Them.
It will be a case of whose enforcement agents will have their boots on our soil to enforce decisions. Mrs May wants to keep the European Arrest Warrant and our membership of Europol.
In a statement by Mrs May to Parliament in 2012, “Of course” she would welcome Eurogendarmerie units “onto British soil”.
The EU forces can be used as an enforcement agent. This agreement forces us to move towards sourcing military materiel in the EU, so we could not deploy freely as needed. The lop-sided provisions in the Agreement granting total jurisdiction to the ECJ, subjecting the UK to compliance with its rulings, but not the EU – clearly envisaging it will always rule in the EU’s favour.
* Martin Howe QC, Chairman of Lawyers for Britain, has written:
… the draft withdrawal agreement (rather farcically) stated that the transition could be extended “up to 31 December 20XX”. It has since been amended to “31 December 2022″.
That would still be six and a half years after the referendum, longer than the Second World War, and after the last possible date for a general election at the end of the current Parliament. The turmoil and uncertainty of the last 18 months will undoubtedly continue during the transition period.