Is everybody aware of this epetition regarding Lord Kilmuir's letter to Edward H

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Offline the leveller

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Dear all


Is everybody aware of this epetition regarding Lord Kilmuir's letter to Edward Heath? 


Petition
we require parliament to debate Lord Kilmuir's letter to Edward Heath

In this time of the future referendum the public knowledge of the letter should be discussed because although the evidence of the letter exists the content has never been debated in parliament.






  https://petition.parliament.uk/petitions/122770




(for your additional information...  http:​//campaignforanindependentbrit​ain.org.​uk/research-paper-1079-letter-​edward-heath-lord-kilmuir-dece​mber-1960/


RESEARCH PAPER 10/79 – LETTER TO EDWARD HEATH FROM LORD KILMUIR, DECEMBER 1960


I have no doubt that if we do sign the Treaty, we shall suffer some loss of sovereignty […] Adherence to the Treaty of Rome would, in my opinion, affect our sovereignty in three ways:-

Parliament would be required to surrender some of its functions to the organs of the Community; The Crown would be called on to transfer part of its treaty-making power to those organs; Our courts of law would sacrifice some degree of independence by becoming subordinate in certain respects to the European Court of Justice.

(a) The position of Parliament
It is clear from the memorandum prepared by your Legal Advisers that the Council of Ministers could eventually (after the system of qualified majority voting had come into force) make regulations which would be binding on use even against our wishes, and which would
in fact become for us part of the law of the land. There are two ways in which this requirement of the Treaty could in practice be implemented:-

Parliament could legislate ad hoc on each occasion that the Council made regulations requiring action by us. The difficulty would be that, since Parliament can bind neither itself nor its successors, we could only comply with our obligations under the Treaty if Parliament abandoned its right of passing independent judgment on the legislative proposals put before it. A parallel is the constitutional convention whereby Parliament passes British North America Bills without question at the request of the Parliament of Canada; in this respect
Parliament here has in substance, if not in form, abdicated its sovereign position, and it would have, pro tanto, to do the same for the Community.

It would in theory be possible for Parliament to enact at the outset legislation which would give automatic force of law to any existing or future regulations made by the appropriate organs of the Community. For Parliament to do this would go far beyond the most extensive delegation of powers, even in wartime, that we have experienced and I do not think there is any likelihood of this being acceptable to the House of Commons. )

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http:​//www.​dailymail.​co.​uk/news/article-3687393/Migran​t-camp-George-Clooney-s-Italia​n-hideaway-Lake-Como-home-hund​reds-people-nearby-border-cros​sing-Switzerland-closed.html?ito=​email_share_article-top​


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That's all for now!




Caroline Stephens








Please feel free to follow me on Twitter https:​//twitter.​com/CasAnnStephens​




​Working together for Brexit!

UKIP









« Last Edit: July 21, 2016, 09:10:17 PM by the leveller »

 
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