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politicalbetting.com » Blog Archive » What’s next over Brexit? The question that no one is asking

SystemSystem Posts: 11,007
edited August 2017 in General

imagepoliticalbetting.com » Blog Archive » What’s next over Brexit? The question that no one is asking

 

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    CarlottaVanceCarlottaVance Posts: 59,576
    First!
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    RobDRobD Posts: 58,961

    First!

    Cheeky!
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    RobDRobD Posts: 58,961
    Agreed on the absurd demands that the European Court have jurisdiction in the UK. There is no way the UK government would accept that.
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    CarlottaVanceCarlottaVance Posts: 59,576
    edited August 2017
    the parochial vision that the government is pushing

    Citation required.

    Because right now, your charm school skills suck.

    Self awareness required.

    It should not be seeking to cru

    Editing required.

    when the more delusional demands from London

    You mean like, extra-territorial jurisdiction?
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    CharlesCharles Posts: 35,758
    the Eurocrats are supposed to be grown-ups. They will want close cooperation on defence with Britain, on foreign affairs wherever possible and, when the more delusional demands from London have subsided, a pragmatic trading relationship.

    In any negotiation, particularly one that is designed to produce a longterm relationship, it’s always a good idea to leave something on the table. A measure of generosity is likely to pay for itself in the goodwill generated.


    Glad to see that you have finally got there. This is what many of the Brexiteers have been advocating and working for behind the scenes. The EU isn't going away; it's not the right fit for us; but we can't ignore it. And the UK government is trying to find a good working relationship - not helped by either the ludicrous media mavens misrepresenting virtually every change in stance (on either side of the debate). Barnier is a grown up as well - Verhofstat is a liability.

    As for freedom of movement: setting aside the bureaucratic challenges (which are not small, but also can be solved) why is control of your own immigration policy a bad thing? It doesn't a priori mean a reduction (although in practice that is likely). But I don't see why saying that you want visas to be handed out to those who can contribute most to the UK rather than to anyone of 270m people who want to live here is a bad thing.
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    rcs1000rcs1000 Posts: 53,922
    RobD said:

    Agreed on the absurd demands that the European Court have jurisdiction in the UK. There is no way the UK government would accept that.

    I think this is one of these areas which sounds so simple, but is in fact much more complex.

    We, in the UK, allow the NATO court to rule on whether we are acting in accordance with our treaty obligation. Under the terms of our treaties joining the International Telecoms Union, we accept rulings. EFTA members are bound by the EFTA court in their relations with the EU. And at a more extreme level, if we were to ever join NAFTA, we would have to accept US ISDS tribunals ruling on whether our laws were compatible with the treaty obligations.

    The question is one of scope. The NATO court, and their equivalents at the ITU or EFTA all have limited scope. (NAFTA is rather more invasive.)

    Should the ECJ be able to have an impact on whether - for example - EU citizens have certain rights in the UK? Absolutely not.

    Should the ECJ be able to adjudge, following a complaint from a Spanish firm, whether UK product regulations acted as a NTB to Spanish firms? (Or that Belgian regulations restricted the ability of a British firm to sell in Brussels?) I would err towards "No". But I also recognise that this is somewhat irrational: if we entered into NAFTA or any FTA with the US, we'd have to accept US suzerainty. Based on historic evidence, the ECJ would almost certainly be more impartial than a US ISDS tribunal.
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    CharlesCharles Posts: 35,758
    rcs1000 said:

    RobD said:

    Agreed on the absurd demands that the European Court have jurisdiction in the UK. There is no way the UK government would accept that.

    I think this is one of these areas which sounds so simple, but is in fact much more complex.

    We, in the UK, allow the NATO court to rule on whether we are acting in accordance with our treaty obligation. Under the terms of our treaties joining the International Telecoms Union, we accept rulings. EFTA members are bound by the EFTA court in their relations with the EU. And at a more extreme level, if we were to ever join NAFTA, we would have to accept US ISDS tribunals ruling on whether our laws were compatible with the treaty obligations.

    The question is one of scope. The NATO court, and their equivalents at the ITU or EFTA all have limited scope. (NAFTA is rather more invasive.)

    Should the ECJ be able to have an impact on whether - for example - EU citizens have certain rights in the UK? Absolutely not.

    Should the ECJ be able to adjudge, following a complaint from a Spanish firm, whether UK product regulations acted as a NTB to Spanish firms? (Or that Belgian regulations restricted the ability of a British firm to sell in Brussels?) I would err towards "No". But I also recognise that this is somewhat irrational: if we entered into NAFTA or any FTA with the US, we'd have to accept US suzerainty. Based on historic evidence, the ECJ would almost certainly be more impartial than a US ISDS tribunal.
    This is where the media is so unhelpful.

    Of course, for example, where EU law has been incorporated into British law then judges may consider interpretations by European judges if they so wish.

    Similarly you need an arbitrator - I think the EFTA court makes sense - on NTBs. (Or for the ECJ to have a role in the EMA, for instance, if we stay within that).

    None of these are issues of sovereignty.

    But why the EU wastes time demanding the ECJ has a role in protecting the rights of EU citizens in the UK, I don't know. They may think they are playing a clever game by making it a "big thing" they can give up later, but I think they are over-reaching. It's simply not acceptable, and when you have an unreasonable counterparty there's only limited progress that can be made in negotiations.
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    CarlottaVanceCarlottaVance Posts: 59,576
    Charles said:

    rcs1000 said:

    RobD said:

    Agreed on the absurd demands that the European Court have jurisdiction in the UK. There is no way the UK government would accept that.

    I think this is one of these areas which sounds so simple, but is in fact much more complex.

    We, in the UK, allow the NATO court to rule on whether we are acting in accordance with our treaty obligation. Under the terms of our treaties joining the International Telecoms Union, we accept rulings. EFTA members are bound by the EFTA court in their relations with the EU. And at a more extreme level, if we were to ever join NAFTA, we would have to accept US ISDS tribunals ruling on whether our laws were compatible with the treaty obligations.

    The question is one of scope. The NATO court, and their equivalents at the ITU or EFTA all have limited scope. (NAFTA is rather more invasive.)

    Should the ECJ be able to have an impact on whether - for example - EU citizens have certain rights in the UK? Absolutely not.

    Should the ECJ be able to adjudge, following a complaint from a Spanish firm, whether UK product regulations acted as a NTB to Spanish firms? (Or that Belgian regulations restricted the ability of a British firm to sell in Brussels?) I would err towards "No". But I also recognise that this is somewhat irrational: if we entered into NAFTA or any FTA with the US, we'd have to accept US suzerainty. Based on historic evidence, the ECJ would almost certainly be more impartial than a US ISDS tribunal.
    But why the EU wastes time demanding the ECJ has a role in protecting the rights of EU citizens in the UK, I don't know.
    Barnier (uncharacteristically) floundered and waffled when this extraterritorial jurisdiction question was put to him - I suspect its there at the insistence of the EU theocrats - and I do wish the Home Office would desist from supplying them with ammunition - but unless a similar role is seen for the UK Supreme Court on British Citizens rights in EU countries post-Brexit (stop laughing at the back!) its clearly bonkers....but I fear the supremely skilful and infallibly wise EU negotiators have painted themselves into a corner
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    CarlottaVanceCarlottaVance Posts: 59,576
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    DavidLDavidL Posts: 51,130
    This accords with some of my contributions yesterday. We are leaving but the basis on which we leave is still up for grabs. Rather than each side constantly trying to refight the arguments of the referendum this requires everyone to focus on what we actually want from the negotiations and what we can actually achieve.

    Personally, I want a good and constructive relationship with the EU. I want free trade (no tariffs and a means of controlling NTBs). I want regulatory equivalence in areas such as financial services so businesses in the UK can trade freely in Europe whilst being regulated by London and vice versa. I want the ability to control immigration from the EU but control is very different from stopping. I want continued engagement in security issues, criminal justice, mutual enforcement of decrees and recognition of patents. I want continued co-operation on areas like air travel, research, pollution, possibly even fisheries. I am quite happy to pay something towards the costs of maintaining bureaucracies to ensure these areas work tolerably well.

    I think the government also wants almost everything on that wish list. What I am less clear about is what the EU wants. The UK is and will remain an important trading partner to them. At the moment there seems to be some aspirations on the part of some members to seek to gain from events, the French are deluded enough to think that they may gain some of London's cake for example, but there seems very little focus on what they want going forward. Unless this changes in a material way we risk a less than optimal outcome to the present discussions. Wasting months arguing about the pennies has not been a good or a constructive start. One can only hope that some clearer thinking is going on behind the scenes.
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    DavidLDavidL Posts: 51,130
    On the jurisdiction of the CJE I frankly despair of the stupidity of most of the media content. A very large part of our law is based on EU law. That will remain the case for the foreseeable future. The Court charged with interpreting EU law is the CJE. UK courts are currently required to comply with its decisions. That will not remain the case but as a matter of law this is frankly irrelevant. If the CJE finds that regulation X means Y then any UK court is going to have regard to that in making their decision. Whilst it may be technically possible to come to a different view I think it vanishingly unlikely. So the CJE will continue to influence our law.

    None of this gives the CJE any jurisdiction over the UK. Whether the CJE has a more formal role as arbiter in respect of any agreement between the EU and the UK is a matter of negotiation and agreement. If we agree to them being arbiter that is our decision as long as we remain a party to that agreement. I think it unlikely we will do this but the compromises available, such as the EFTA court, are not that different because when you look at their decisions they are based very heavily on decisions of the CJE.

    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.
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    AlastairMeeksAlastairMeeks Posts: 30,340
    I apologise for not finding space for the EEA Leavers. Evidently this was an oversight. In my defence, it was a long piece.

    Instead of channelling Julie Andrews' favourite things, EEA Leavers need to reflect on the mess that they must take prime responsibility for, consider what leaving the single market will mean in practice and identify how the barriers that the EU will need to keep a single market coherent. This in turn means coming out with a positive statement about what immigration policy they propose.

    They aren't going to get anything like everything they want. They will get slightly more if they stop cowering behind other people with very different aims.
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    CharlesCharles Posts: 35,758

    I apologise for not finding space for the EEA Leavers. Evidently this was an oversight. In my defence, it was a long piece.

    Instead of channelling Julie Andrews' favourite things, EEA Leavers need to reflect on the mess that they must take prime responsibility for, consider what leaving the single market will mean in practice and identify how the barriers that the EU will need to keep a single market coherent. This in turn means coming out with a positive statement about what immigration policy they propose.

    They aren't going to get anything like everything they want. They will get slightly more if they stop cowering behind other people with very different aims.

    We're not cowering.

    Just not telling you what's going on behind closed doors.
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    GeoffMGeoffM Posts: 6,071
    Scott_P said:
    Well he certainly didn't give up pies for Lent.
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    CharlesCharles Posts: 35,758
    Hague Convention is not EU based. That's their first point out of the window.

    Of course, Germany doesn't obey *any* of the rules in child abduction anyway. I read a fascinating book - they are my children too - 15 years ago (by the now Lady Meyer)
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    foxinsoxukfoxinsoxuk Posts: 23,548
    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
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    CharlesCharles Posts: 35,758

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    Not a decision. Letter sent in error
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    AlastairMeeksAlastairMeeks Posts: 30,340
    Charles said:

    I apologise for not finding space for the EEA Leavers. Evidently this was an oversight. In my defence, it was a long piece.

    Instead of channelling Julie Andrews' favourite things, EEA Leavers need to reflect on the mess that they must take prime responsibility for, consider what leaving the single market will mean in practice and identify how the barriers that the EU will need to keep a single market coherent. This in turn means coming out with a positive statement about what immigration policy they propose.

    They aren't going to get anything like everything they want. They will get slightly more if they stop cowering behind other people with very different aims.

    We're not cowering.

    Just not telling you what's going on behind closed doors.
    Cowering.

    Let's assume Britain gets your ideal deal. You then have a deal that 90% of the population did not vote for and have not been prepared for. Your contempt for democracy disgusts me.

    Quite apart from anything else, there's a substantial chance such a deal would get voted down in the House of Commons if it is not publicly advocated for now.
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    CarlottaVanceCarlottaVance Posts: 59,576
    Scott_P said:
    I know we shouldn't read too much into analogies - but I found this astonishing:

    When one of my colleagues from the British government went to Berlin in January and told me ‘Peter, let’s try to make a win-win situation out of this mess’ I said ‘yes, but can you imagine when you have a couple, man and wife, and two children, the house, the boat, the car, they are married for 30 years, and then they are going to divorce? Can you imagine how to make a win-win situation out of that mess?’ It will be a win-win situation for the lawyers of course, but certainly not for the family concerned,” he said.

    I know more than a few divorced couples happier all round - sometimes it is better to get out than to soldier bravely on - the fact that he can't see this speaks volumes.....
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    MonksfieldMonksfield Posts: 2,202
    Has your summary adequately accounted for 13 years of the postwar generation dying off? That may change much.

    Whilst the referendum was marketed by the snake oil salesmen who sold it as about Britain taking back control, as Ian Dunt has pointed out that's nonsense. This is about whether we pursue an Atlanticist or European future. Which cultural and philosophical orbit does the UK come into? The Foxes and Johnsons are clearly all about making the UK in the shape of the USA. And in a nutshell, that's why I choose Europe every time. But either way we will be subject to laws made by more powerful partners.

    Watching the pound slide, how about a prediction comp on the day that one pound is worth less than one euro. I reckon early next year, and believe me that will be a wake up day for many.
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    foxinsoxukfoxinsoxuk Posts: 23,548
    Charles said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    Not a decision. Letter sent in error
    There are plenty of similar cases of error, and recourse to law is the mechanism to reverse the errors.
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    DavidLDavidL Posts: 51,130

    I apologise for not finding space for the EEA Leavers. Evidently this was an oversight. In my defence, it was a long piece.

    Instead of channelling Julie Andrews' favourite things, EEA Leavers need to reflect on the mess that they must take prime responsibility for, consider what leaving the single market will mean in practice and identify how the barriers that the EU will need to keep a single market coherent. This in turn means coming out with a positive statement about what immigration policy they propose.

    They aren't going to get anything like everything they want. They will get slightly more if they stop cowering behind other people with very different aims.

    What would a constructive immigration policy with the EU look like?

    We would want the ability of EU citizens to come here to do a job. If BMW wants someone to come to their engine plants in the UK to solve a problem there must be no impediment to that. We need to keep mutual recognition of qualifications where that exists and conversion courses where it doesn't. Personally, I would give those that come here for a job time to find a new one once they are here.

    We need to think constructively about how we facilitate such freedom of movement. Will such EU workers have the right to bring their families? (Yes) Will they have the right to have their children educated in our schools? (yes). Will they have the right to free use of the NHS? (probably, subject to mutuality). Will they have the right to vote? (probably not). Will they have the right to in work benefits including support for children not here? (my guess would be yes for those here, no for those not).

    I would be opposed to quantitative restrictions on EU immigration. If they can find jobs they can do they should be able to come. That may be a minority view.
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    DavidLDavidL Posts: 51,130

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.
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    Morris_DancerMorris_Dancer Posts: 60,969
    Good morning, everyone.

    I always really liked that line for how ridiculous it was. Personally, if the UK were submerged underwater I would consider that to qualify as 'much' changing.

    And I agree that sensible negotiations would be nice. Ho hum.

    F1 returns today. Huzzah! Practice commences at 9am.
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    The British government stood by while the right wing press and MPs from its own party denounced British judges as enemies of the people. The government has also proved to be very bad at preventing "erroneous" deportation notices being sent out and there are countless examples of EU citizens and their family members being denied permanent residency post-Brexit. What the EU27 quite rightly want are guarantees that what is agreed for their citizens will not subsequently be unilaterally taken away. They have suggested an ongoing role for the CJEU. If the UK wants a deal it's now up to us to suggest an acceptable alternative. We are the ones who want to change things. The key issue for the EU27 is not the CJEU, but the rights and how they are to be protected.
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    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

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    foxinsoxukfoxinsoxuk Posts: 23,548

    Has your summary adequately accounted for 13 years of the postwar generation dying off? That may change much.

    Whilst the referendum was marketed by the snake oil salesmen who sold it as about Britain taking back control, as Ian Dunt has pointed out that's nonsense. This is about whether we pursue an Atlanticist or European future. Which cultural and philosophical orbit does the UK come into? The Foxes and Johnsons are clearly all about making the UK in the shape of the USA. And in a nutshell, that's why I choose Europe every time. But either way we will be subject to laws made by more powerful partners.

    Watching the pound slide, how about a prediction comp on the day that one pound is worth less than one euro. I reckon early next year, and believe me that will be a wake up day for many.

    By 2030 the errors and damage from Brexit will be manifest, and the benefits proving illusory.

    As you point out the generations will have changed. There is one further electoral factor. Many, and possibly the majority, of the 3 million EU residents here will have been through an accelerated naturalisation process, and gained the right to vote.

    By 2030 there will be a powerful rejoin movement with the backing of at least one of the major parties, and it is very likely that an application process would be backed by a majority of voters.
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    CarlottaVanceCarlottaVance Posts: 59,576
    I see M. Macron has decided to extend the scope of his unpopularity beyond the borders of France:

    http://www.bbc.com/news/world-europe-41036909

    Meanwhile, at home:

    PARIS (Reuters) - France’s jobless total rose last month to the highest level in nearly a year as the labor market struggles to take advantage of the improving economy, Labor Ministry data showed on Thursday.

    The ministry said the number of people registered as out of work in mainland France rose in July by 34,900 to 3,518,100, the highest level since August of last year.


    http://www.reuters.com/article/us-france-economy-unemployment-idUSKCN1B420E?il=0
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    GeoffMGeoffM Posts: 6,071

    Good morning, everyone.

    I always really liked that line for how ridiculous it was. Personally, if the UK were submerged underwater I would consider that to qualify as 'much' changing.

    And I agree that sensible negotiations would be nice. Ho hum.

    F1 returns today. Huzzah! Practice commences at 9am.

    Mr Dancer - probably the most important point to note is that if the UK were submerged then there would be serious implications for Safety Car betting.
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    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    The only guarantee they should get is that the laws will be applied equally to all those with a right to residence in the UK, whether EU nationals or UK nationals. They neither should expect nor receive anything else.
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    DavidL said:

    I apologise for not finding space for the EEA Leavers. Evidently this was an oversight. In my defence, it was a long piece.

    Instead of channelling Julie Andrews' favourite things, EEA Leavers need to reflect on the mess that they must take prime responsibility for, consider what leaving the single market will mean in practice and identify how the barriers that the EU will need to keep a single market coherent. This in turn means coming out with a positive statement about what immigration policy they propose.

    They aren't going to get anything like everything they want. They will get slightly more if they stop cowering behind other people with very different aims.

    What would a constructive immigration policy with the EU look like?

    We would want the ability of EU citizens to come here to do a job. If BMW wants someone to come to their engine plants in the UK to solve a problem there must be no impediment to that. We need to keep mutual recognition of qualifications where that exists and conversion courses where it doesn't. Personally, I would give those that come here for a job time to find a new one once they are here.

    We need to think constructively about how we facilitate such freedom of movement. Will such EU workers have the right to bring their families? (Yes) Will they have the right to have their children educated in our schools? (yes). Will they have the right to free use of the NHS? (probably, subject to mutuality). Will they have the right to vote? (probably not). Will they have the right to in work benefits including support for children not here? (my guess would be yes for those here, no for those not).

    I would be opposed to quantitative restrictions on EU immigration. If they can find jobs they can do they should be able to come. That may be a minority view.

    This would indeed be the grown-up thing to do. Unfortunately, internal Tory politics will not allow for it.

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    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
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    CarlottaVanceCarlottaVance Posts: 59,576
    Scott_P said:
    “I am not a dyed-in-the-wool Tory......'

    HuffPost UK revealed that while she was Tory Minister, Altmann had remained a member of the Labour Party.
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    I apologise for not finding space for the EEA Leavers. Evidently this was an oversight. In my defence, it was a long piece.

    Instead of channelling Julie Andrews' favourite things, EEA Leavers need to reflect on the mess that they must take prime responsibility for, consider what leaving the single market will mean in practice and identify how the barriers that the EU will need to keep a single market coherent. This in turn means coming out with a positive statement about what immigration policy they propose.

    They aren't going to get anything like everything they want. They will get slightly more if they stop cowering behind other people with very different aims.

    Another case of a fine header being spoiled by utterly dishonest and craven comments below the line from you Alastair.

    Some of us have been absolutely clear about what the immigration policy should be. Unfortunately that doesn't fit with your biased narrative so you chose to ignore it.
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    CarlottaVanceCarlottaVance Posts: 59,576

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    So the UK should demand extra-territorial jurisdiction for the UK Supreme Court in the EU27 to ensure that EU law is not changed post-agreement to the detriment of UK citizens in the EU?
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    Morris_DancerMorris_Dancer Posts: 60,969
    Mr. M, it's bad enough as it is, trundling around pathetically and for so long that wet tyres are almost always immediately ditched. Humbug!
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    NigelbNigelb Posts: 62,373

    Scott_P said:
    I know we shouldn't read too much into analogies - but I found this astonishing:

    When one of my colleagues from the British government went to Berlin in January and told me ‘Peter, let’s try to make a win-win situation out of this mess’ I said ‘yes, but can you imagine when you have a couple, man and wife, and two children, the house, the boat, the car, they are married for 30 years, and then they are going to divorce? Can you imagine how to make a win-win situation out of that mess?’ It will be a win-win situation for the lawyers of course, but certainly not for the family concerned,” he said.

    I know more than a few divorced couples happier all round - sometimes it is better to get out than to soldier bravely on - the fact that he can't see this speaks volumes.....
    It's more astonishing that someone in such a senior position should believe that flawed and ridiculously reductive analogies are determinative of real world outcomes.
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    foxinsoxukfoxinsoxuk Posts: 23,548

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
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    CarlottaVanceCarlottaVance Posts: 59,576

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    The only guarantee they should get is that the laws will be applied equally to all those with a right to residence in the UK, whether EU nationals or UK nationals. They neither should expect nor receive anything else.
    EU nationals currently have superior rights to UK nationals in some aspects of immigration law in the UK and the EU is seeking to maintain this.
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    SandpitSandpit Posts: 49,847
    edited August 2017
    Morning. Agree with the last paragraph, if not most of what went before. IMO not helped by a large section of the British media who appear to be trying to actively sabotage the negotiations.
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    Casino_RoyaleCasino_Royale Posts: 55,267
    "Some of them would then wish to imitate the Mannequin Pis on top of the rubble."

    I did laugh at this.
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    One of the major problems we have ecountered since the Brexit vote is that a lot of Leave leaders who now hold important cabinet positions - as well as their Remain colleagues - actually had very little idea about how the EU and its institutions work, or how FTAs work, or how complex the process of leaving the EU without inflicting significant damage on the UK economy would be. Some - not all - are now beginning to realise that you can't do trade deals with individual EU member states, that the EU is not desperate to give us everything we want and that it is going to take more than two years to properly leave, and that in many areas we will hardly leave at all. If they had taken some time to work all of this out in advance things might now be a lot better both in terms of the negotiations and in bringing the country together. A lot of Remainers accepted the vote long ago. What has been very hard to stomach, though, is how poorly the process of leaving has been handled by people who used to claim it would be the easiest thing in the world to do, with no downsides.
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    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    The only guarantee they should get is that the laws will be applied equally to all those with a right to residence in the UK, whether EU nationals or UK nationals. They neither should expect nor receive anything else.
    EU nationals currently have superior rights to UK nationals in some aspects of immigration law in the UK and the EU is seeking to maintain this.
    Tough. The law should apply equally to all.
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    DecrepitJohnLDecrepitJohnL Posts: 13,300
    edited August 2017

    Scott_P said:
    “I am not a dyed-in-the-wool Tory......'

    HuffPost UK revealed that while she was Tory Minister, Altmann had remained a member of the Labour Party.
    Altmann joined Labour in 2014 (if you follow the link) so I'm not really sure what that says about her commitment to either party (or due diligence).
  • Options

    One of the major problems we have ecountered since the Brexit vote is that a lot of Leave leaders who now hold important cabinet positions - as well as their Remain colleagues - actually had very little idea about how the EU and its institutions work, or how FTAs work, or how complex the process of leaving the EU without inflicting significant damage on the UK economy would be. Some - not all - are now beginning to realise that you can't do trade deals with individual EU member states, that the EU is not desperate to give us everything we want and that it is going to take more than two years to properly leave, and that in many areas we will hardly leave at all. If they had taken some time to work all of this out in advance things might now be a lot better both in terms of the negotiations and in bringing the country together. A lot of Remainers accepted the vote long ago. What has been very hard to stomach, though, is how poorly the process of leaving has been handled by people who used to claim it would be the easiest thing in the world to do, with no downsides.

    Politicians are ill informed and rubbish at their jobs - hardly a surprise I am afraid. And yes I agree there are various things that are being badly handled by both sides.
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    Sean_FSean_F Posts: 35,799

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    That's a weak argument. All government departments make errors from time to time, and our courts are quite capable of providing redress.
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    SouthamObserverSouthamObserver Posts: 38,914
    edited August 2017

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    So the UK should demand extra-territorial jurisdiction for the UK Supreme Court in the EU27 to ensure that EU law is not changed post-agreement to the detriment of UK citizens in the EU?

    It could do that if it did not want to find a workable solution. The EU has made its case. We disagree. So how do we get a sensible resolution of the issue? The onus is on us to find one. Of course, if the aim is just to look for reasons to justify No Deal then we can carry on as we are.

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    Casino_RoyaleCasino_Royale Posts: 55,267
    Good article, Alastair.

    I think in the long-term, the UK will move from half-in/half-out, to half-out/half-in, which would respect the balance of opinion in the UK if nothing else.

    What do I mean by that?

    I mean that rather than the UK being a formal member, with several important opt-outs, but still being dragged on the journey, the UK will no longer be a formal EU member, and maintain its political independence with additional freedom of action in trade and regulation, but will probably end-up in EFTA and playing a strong role via the Council of Europe and/or as an observer via the European Council, with strong bilateral relationships on top - including on energy, transport, education, cross-European customs alignment, defence and security.

    And the UK is always going to be a bit like that. We are an island off the continent of Europe, that has both European interests and Global/Maritime interests.

    Our relationship always needed to, and was going to be, different.
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    RobDRobD Posts: 58,961

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    That was an error, was it not? It's not as if it was only the ECJ which prevented them from being deported.
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    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    So the UK should demand extra-territorial jurisdiction for the UK Supreme Court in the EU27 to ensure that EU law is not changed post-agreement to the detriment of UK citizens in the EU?

    It could do that if it did not want to find a workable solution. The EU has made its case. We disagree. So how do we get a sensible resolution of the issue? The onus is on us to find one. Of course, if the aim is just to look for reasons to justify No Deal then we can carry on as we are.

    No the basic principle must be that everyone is equal under the law of the land. This is not just some means to try and make the talks fail but a fundamental principle of our legal system. Or at least it should be.
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    Casino_RoyaleCasino_Royale Posts: 55,267
    Charles said:

    rcs1000 said:

    RobD said:

    Agreed on the absurd demands that the European Court have jurisdiction in the UK. There is no way the UK government would accept that.

    I think this is one of these areas which sounds so simple, but is in fact much more complex.

    We, in the UK, allow the NATO court to rule on whether we are acting in accordance with our treaty obligation. Under the terms of our treaties joining the International Telecoms Union, we accept rulings. EFTA members are bound by the EFTA court in their relations with the EU. And at a more extreme level, if we were to ever join NAFTA, we would have to accept US ISDS tribunals ruling on whether our laws were compatible with the treaty obligations.

    The question is one of scope. The NATO court, and their equivalents at the ITU or EFTA all have limited scope. (NAFTA is rather more invasive.)

    Should the ECJ be able to have an impact on whether - for example - EU citizens have certain rights in the UK? Absolutely not.

    Should the ECJ be able to adjudge, following a complaint from a Spanish firm, whether UK product regulations acted as a NTB to Spanish firms? (Or that Belgian regulations restricted the ability of a British firm to sell in Brussels?) I would err towards "No". But I also recognise that this is somewhat irrational: if we entered into NAFTA or any FTA with the US, we'd have to accept US suzerainty. Based on historic evidence, the ECJ would almost certainly be more impartial than a US ISDS tribunal.
    This is where the media is so unhelpful.

    Of course, for example, where EU law has been incorporated into British law then judges may consider interpretations by European judges if they so wish.

    Similarly you need an arbitrator - I think the EFTA court makes sense - on NTBs. (Or for the ECJ to have a role in the EMA, for instance, if we stay within that).

    None of these are issues of sovereignty.

    But why the EU wastes time demanding the ECJ has a role in protecting the rights of EU citizens in the UK, I don't know. They may think they are playing a clever game by making it a "big thing" they can give up later, but I think they are over-reaching. It's simply not acceptable, and when you have an unreasonable counterparty there's only limited progress that can be made in negotiations.
    Because they are obsessed by thinking and acting like the EU is a country.
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    RobD said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    That was an error, was it not? It's not as if it was only the ECJ which prevented them from being deported.
    Its not even as if it was the UK courts who prevented it either. No court action was necessary. This is why the example is so dumb.
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    Sean_FSean_F Posts: 35,799

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.
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    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.

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    Casino_RoyaleCasino_Royale Posts: 55,267

    Scott_P said:
    I know we shouldn't read too much into analogies - but I found this astonishing:

    When one of my colleagues from the British government went to Berlin in January and told me ‘Peter, let’s try to make a win-win situation out of this mess’ I said ‘yes, but can you imagine when you have a couple, man and wife, and two children, the house, the boat, the car, they are married for 30 years, and then they are going to divorce? Can you imagine how to make a win-win situation out of that mess?’ It will be a win-win situation for the lawyers of course, but certainly not for the family concerned,” he said.

    I know more than a few divorced couples happier all round - sometimes it is better to get out than to soldier bravely on - the fact that he can't see this speaks volumes.....
    The divorce analogy is an interesting one. It is expensive, costly, stressful, emotionally upsetting, and traumatising.

    But, it happens for a reason: the couple simply have irreconcilable differences.

    In the long-term, as you say, its often the right thing to do and both sides end up happier.
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    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.

    And therein lies the problem. If the UK is not prepared to compromise on that there will be no deal.

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    Casino_RoyaleCasino_Royale Posts: 55,267
    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.
    Quite so.

    No independent country can accept that.
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    Sean_FSean_F Posts: 35,799

    The British government stood by while the right wing press and MPs from its own party denounced British judges as enemies of the people. The government has also proved to be very bad at preventing "erroneous" deportation notices being sent out and there are countless examples of EU citizens and their family members being denied permanent residency post-Brexit. What the EU27 quite rightly want are guarantees that what is agreed for their citizens will not subsequently be unilaterally taken away. They have suggested an ongoing role for the CJEU. If the UK wants a deal it's now up to us to suggest an acceptable alternative. We are the ones who want to change things. The key issue for the EU27 is not the CJEU, but the rights and how they are to be protected.

    The rights of EU nationals will be protected by our Courts in the same way as the rights of British Nationals.

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    GeoffMGeoffM Posts: 6,071
    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.
    Exactly. It's not a guarantee we *can* give for exactly that reason.

    It is absolutely certain that a future govt will do things which contravene current EU legislation. At every General Election we see manifesto promises that are either contrary to EU law or push the limits when its obvious they want to go further. Nationalisation, VAT and immigration are three obvious examples.
  • Options
    Casino_RoyaleCasino_Royale Posts: 55,267

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.

    And therein lies the problem. If the UK is not prepared to compromise on that there will be no deal.

    Then no deal it is.
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    Sean_F said:

    The British government stood by while the right wing press and MPs from its own party denounced British judges as enemies of the people. The government has also proved to be very bad at preventing "erroneous" deportation notices being sent out and there are countless examples of EU citizens and their family members being denied permanent residency post-Brexit. What the EU27 quite rightly want are guarantees that what is agreed for their citizens will not subsequently be unilaterally taken away. They have suggested an ongoing role for the CJEU. If the UK wants a deal it's now up to us to suggest an acceptable alternative. We are the ones who want to change things. The key issue for the EU27 is not the CJEU, but the rights and how they are to be protected.

    The rights of EU nationals will be protected by our Courts in the same way as the rights of British Nationals.

    But we are not proposing to give them the same rights as UK citizens.

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    Sean_FSean_F Posts: 35,799

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.

    And therein lies the problem. If the UK is not prepared to compromise on that there will be no deal.

    If so, there will be no deal. How could we guarantee that, for example, we would never change our laws on employment or the environment?
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    GeoffMGeoffM Posts: 6,071

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.

    And therein lies the problem. If the UK is not prepared to compromise on that there will be no deal.

    You see that as a 'problem'.

    Oh dear, what a shame, never mind.. No deal.
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    Casino_RoyaleCasino_Royale Posts: 55,267
    GeoffM said:

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.
    Exactly. It's not a guarantee we *can* give for exactly that reason.

    It is absolutely certain that a future govt will do things which contravene current EU legislation. At every General Election we see manifesto promises that are either contrary to EU law or push the limits when its obvious they want to go further. Nationalisation, VAT and immigration are three obvious examples.
    The reason the EU is doing this is perfectly simple: they want to ensure (and ensure is the right word) that the UK gets a much worse deal out, than in.

    What they mean by that is this: compelling the UK to accept almost all the same obligations for a deal, but with no say in either making the rules, or adjudicating on them.

    The way they will treat the UK (as an ex-EU member) is notably different from other nations to which they've struck deals, that have never been.
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    WinstanleyWinstanley Posts: 434
    Traingate was all over the news for weeks. Now after all that rubbish last year: https://www.rt.com/uk/400657-corbyn-traingate-virgin-footage/

    'It shows the “empty” seats were actually occupied, with some passengers only visible when they move into frame, or taken up by small children not shown.'

    The photos released by Virgin initially must have been deliberately selected at specific frames to make it look like Corbyn was lying... wonder if he could or should sue.
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    Sean_F said:

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.

    And therein lies the problem. If the UK is not prepared to compromise on that there will be no deal.

    If so, there will be no deal. How could we guarantee that, for example, we would never change our laws on employment or the environment?

    We are happy to submit to international rules and the decisions of international institutions on a variety of issues. We can do the same with EU citizens rights. Giving them the same rights as UK (or Irish) citizens and agreeing to have these guaranteed by a court/tribunal composed of UK and EU judges - which will also guarantee British citizens' rights in the EU - does not seem unreasonable to me.

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    Blue_rogBlue_rog Posts: 2,019
    Mornig smile

    A young monk arrives at the monastery. He is assigned to helping the other monks in copying the old canons and laws of the church, by hand. He notices, however, that all of the monks are copying from copies, not from the original manuscript. So, the new monk goes to the Old Abbot to question this, pointing out that if someone made even a small error in the first copy, it would never be picked up! In fact, that error would be continued in all of the subsequent copies.

    The head monk, says, "We have been copying from the copies for centuries, but you make a good point, my son."

    He goes down into the dark caves underneath the monastery where the original manuscripts are held as archives, in a locked vault that hasn't been opened for hundreds of years. Hours go by and nobody sees the Old Abbot. So, the young monk gets worried and goes down to look for him. He sees him banging his head against the wall and wailing. We missed the R...We missed the bloody R!" His forehead is all bloody and bruised and he is crying uncontrollably.

    The young monk asks the old Abbot, "What's wrong, father?" With a choking voice, the old Abbot replies, "The word was ....CELEBRATE
  • Options
    GeoffMGeoffM Posts: 6,071

    GeoffM said:

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.
    Exactly. It's not a guarantee we *can* give for exactly that reason.

    It is absolutely certain that a future govt will do things which contravene current EU legislation. At every General Election we see manifesto promises that are either contrary to EU law or push the limits when its obvious they want to go further. Nationalisation, VAT and immigration are three obvious examples.
    The reason the EU is doing this is perfectly simple: they want to ensure (and ensure is the right word) that the UK gets a much worse deal out, than in.

    What they mean by that is this: compelling the UK to accept almost all the same obligations for a deal, but with no say in either making the rules, or adjudicating on them.

    The way they will treat the UK (as an ex-EU member) is notably different from other nations to which they've struck deals, that have never been.
    Yes. This. Definitely this.
    Which is why we must negotiate and be clearly open to walking

    As AMeeks is on, I feel an outrageous analogy brewing to wind him up. He will Nazi it coming.
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    CarlottaVanceCarlottaVance Posts: 59,576

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?
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    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?

    Because that is the basis on which they have built their lives in the UK.

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    Morris_DancerMorris_Dancer Posts: 60,969
    Mr. Observer, your proposal on reciprocal rights for citizens sounds fairly reasonable. However, isn't the EU opposed to it on the basis it views each EU country as separate when it comes to UK citizens there, whereas it views EU citizens collectively (ie as citizens of the EU, not the nation state members) when it comes to granting them rights in the UK?
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    Sean_FSean_F Posts: 35,799

    Sean_F said:

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.

    And therein lies the problem. If the UK is not prepared to compromise on that there will be no deal.

    If so, there will be no deal. How could we guarantee that, for example, we would never change our laws on employment or the environment?

    We are happy to submit to international rules and the decisions of international institutions on a variety of issues. We can do the same with EU citizens rights. Giving them the same rights as UK (or Irish) citizens and agreeing to have these guaranteed by a court/tribunal composed of UK and EU judges - which will also guarantee British citizens' rights in the EU - does not seem unreasonable to me.

    The implication is that our judges can't be trusted to make honest judgements. I think that's unreasonable.
  • Options

    GeoffM said:

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.
    Exactly. It's not a guarantee we *can* give for exactly that reason.

    It is absolutely certain that a future govt will do things which contravene current EU legislation. At every General Election we see manifesto promises that are either contrary to EU law or push the limits when its obvious they want to go further. Nationalisation, VAT and immigration are three obvious examples.
    The reason the EU is doing this is perfectly simple: they want to ensure (and ensure is the right word) that the UK gets a much worse deal out, than in.

    What they mean by that is this: compelling the UK to accept almost all the same obligations for a deal, but with no say in either making the rules, or adjudicating on them.

    The way they will treat the UK (as an ex-EU member) is notably different from other nations to which they've struck deals, that have never been.

    The UK voted to leave the EU. Of course, there will be negative consequences to that. If the government wishes to inflict sustained economic hardship on the UK in order to ensure that EU citizens have a worse deal in Britain than they do currently, so be it. Voters will decide whether the pain is worth it.

  • Options
    Scott_PScott_P Posts: 51,453
    @paulwaugh: Boris Johnson changes tack on @BBCr4today re Brexit bill “Of course we will meet our obligations, we are law-abiding, bill-paying people”

    If the Brexiteers in cabinet are finally starting to wake up to the realities, how long will it take the diehard fantasists here to catch up?
  • Options
    CarlottaVanceCarlottaVance Posts: 59,576

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?

    Because that is the basis on which they have built their lives in the UK.
    And they should have superior rights to UK citizens too?
  • Options
    RobDRobD Posts: 58,961

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?

    Because that is the basis on which they have built their lives in the UK.

    Then they can become permanent residents in the UK. They lose no rights as EU citizens by doing so.
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    Sean_F said:

    Sean_F said:

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.

    And therein lies the problem. If the UK is not prepared to compromise on that there will be no deal.

    If so, there will be no deal. How could we guarantee that, for example, we would never change our laws on employment or the environment?

    We are happy to submit to international rules and the decisions of international institutions on a variety of issues. We can do the same with EU citizens rights. Giving them the same rights as UK (or Irish) citizens and agreeing to have these guaranteed by a court/tribunal composed of UK and EU judges - which will also guarantee British citizens' rights in the EU - does not seem unreasonable to me.

    The implication is that our judges can't be trusted to make honest judgements. I think that's unreasonable.

    No, the implication is that the UK government may, at times, feel pressured to take the decision-making away from "Enemies of the people".

  • Options
    Scott_PScott_P Posts: 51,453

    And they should have superior rights to UK citizens too?

    Brexit was a decision by the British people to diminish the rights of British citizens.

    Why should EU citizens suffer?
  • Options
    foxinsoxukfoxinsoxuk Posts: 23,548

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.

    And therein lies the problem. If the UK is not prepared to compromise on that there will be no deal.

    Then no deal it is.
    I have always said that WTO hard Brexit is very likely, as it is the default. It perhaps would be wise of the government to have a plan B that covers it. The alternative plan A is to capitulate to whatever the EU position is in a years time. With the lack of progress on any of the three initial issues it seems increasingly likely.
  • Options
    Morris_DancerMorris_Dancer Posts: 60,969
    Incidentally, there's a risk that by seemingly being unreasonable the EU forces a hard departure. Bad for us. But that'll create economic problems for them. Smaller, yes, but they could be exacerbated by the single currency.

    Hope that doesn't happen, of course.
  • Options
    HYUFDHYUFD Posts: 116,943
    edited August 2017
    In the long -term I would expect a two-tier Europe to emerge. The EU will be the largest block and comprised almost entirely of countries in the Eurozone. The UK will join Norway and Switzerland in a revived EFTA and maybe joined in due course by Sweden, Denmark and some Eastern European nations like Hungary, Poland and the Czech Republic.

    If and when we get a moderate Labour PM again we may in time also rejoin the EEA but for now the desire of Leave voters to reduce immigration as a priority means that will not happen in the short term
  • Options
    Sean_FSean_F Posts: 35,799

    Sean_F said:

    Sean_F said:

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.

    And therein lies the problem. If the UK is not prepared to compromise on that there will be no deal.

    If so, there will be no deal. How could we guarantee that, for example, we would never change our laws on employment or the environment?

    We are happy to submit to international rules and the decisions of international institutions on a variety of issues. We can do the same with EU citizens rights. Giving them the same rights as UK (or Irish) citizens and agreeing to have these guaranteed by a court/tribunal composed of UK and EU judges - which will also guarantee British citizens' rights in the EU - does not seem unreasonable to me.

    The implication is that our judges can't be trusted to make honest judgements. I think that's unreasonable.

    No, the implication is that the UK government may, at times, feel pressured to take the decision-making away from "Enemies of the people".

    This country is not Angola. It's a liberal democracy, governed by the rule of law.
  • Options
    CarlottaVanceCarlottaVance Posts: 59,576
    Scott_P said:

    And they should have superior rights to UK citizens too?

    Brexit was a decision by the British people to diminish the rights of British citizens.

    Why should EU citizens suffer?
    If they choose to live here.......
  • Options
    RobD said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?

    Because that is the basis on which they have built their lives in the UK.

    Then they can become permanent residents in the UK. They lose no rights as EU citizens by doing so.

    Yes, they do. Unlike UK citizens, they lose their residency rights if they leave the UK for an extended period of time.

  • Options
    CarlottaVanceCarlottaVance Posts: 59,576
    Scott_P said:

    how long will it take the diehard fantasists here to catch up?

    Mr Glenn been on this morning?
  • Options

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?

    Because that is the basis on which they have built their lives in the UK.
    And they should have superior rights to UK citizens too?

    Nope. Parity is absolutely reasonable and would be seen as such within the context of a wider deal.

  • Options
    CarlottaVanceCarlottaVance Posts: 59,576

    Sean_F said:

    Sean_F said:

    DavidL said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they don't. Our courts can deal with that.

    Our courts will apply UK law. What the EU27 are after are guarantees that UK law will not be changed post-agreement to the detriment of their citizens.

    That is not a guarantee we should give. A future government may very well pass laws that conflict with current EU law.

    And therein lies the problem. If the UK is not prepared to compromise on that there will be no deal.

    If so, there will be no deal. How could we guarantee that, for example, we would never change our laws on employment or the environment?

    a court/tribunal composed of UK and EU judges - which will also guarantee British citizens' rights in the EU - does not seem unreasonable to me.
    It does to the EU, who have said they only want ECJ.....
  • Options
    Sean_FSean_F Posts: 35,799
    Scott_P said:

    And they should have superior rights to UK citizens too?

    Brexit was a decision by the British people to diminish the rights of British citizens.

    Why should EU citizens suffer?
    Because, by choosing to live here, they've chosen to abide by the laws of the land. As would I, if I moved to a foreign country. And if I didn't like those laws, or if the laws changed in ways I didn't like, I could always move elsewhere.
  • Options
    foxinsoxukfoxinsoxuk Posts: 23,548
    RobD said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?

    Because that is the basis on which they have built their lives in the UK.

    Then they can become permanent residents in the UK. They lose no rights as EU citizens by doing so.
    There needs to be an accelerated and simplified process for granting this. The manifest incompetence of the Home Office this week mandates that there is an appeals process to correct the inevitable errors and appropriate oversight by European courts.

    I would think it reasonable of our government to agree, with a time limit of say 10 years after which the European court loses its jurisdiction.
  • Options
    RobDRobD Posts: 58,961

    RobD said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?

    Because that is the basis on which they have built their lives in the UK.

    Then they can become permanent residents in the UK. They lose no rights as EU citizens by doing so.

    Yes, they do. Unlike UK citizens, they lose their residency rights if they leave the UK for an extended period of time.

    Then become UK citizens? They will have no fewer rights than UK citizens in the same boat in an EU country.
  • Options
    welshowlwelshowl Posts: 4,460

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?

    Because that is the basis on which they have built their lives in the UK.
    And they should have superior rights to UK citizens too?

    Nope. Parity is absolutely reasonable and would be seen as such within the context of a wider deal.

    So the UK Supreme Court to adjudicate on UK citizens in the EU?
  • Options
    GeoffMGeoffM Posts: 6,071

    RobD said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right to leave the UK for whatever amount of time - to care for an elderly relative, to take up a new job - and to return to resume their lives here. Under the UK government's proposals they would lose this right. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?

    Because that is the basis on which they have built their lives in the UK.

    Then they can become permanent residents in the UK. They lose no rights as EU citizens by doing so.

    Yes, they do. Unlike UK citizens, they lose their residency rights if they leave the UK for an extended period of time.

    Well they aren't UK citizens. Why should they be able to swan off to a third country for as long as they want to and stroll back for the benefits whenever they feel like it?
  • Options
    foxinsoxukfoxinsoxuk Posts: 23,548

    Scott_P said:

    how long will it take the diehard fantasists here to catch up?

    Mr Glenn been on this morning?
    I have taken his AM shift :)
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    MonksfieldMonksfield Posts: 2,202

    Traingate was all over the news for weeks. Now after all that rubbish last year: https://www.rt.com/uk/400657-corbyn-traingate-virgin-footage/

    'It shows the “empty” seats were actually occupied, with some passengers only visible when they move into frame, or taken up by small children not shown.'

    The photos released by Virgin initially must have been deliberately selected at specific frames to make it look like Corbyn was lying... wonder if he could or should sue.

    He wouldn't bother. It's not in his nature.
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    FF43FF43 Posts: 15,692
    Good piece. If I may, I'll repeat my comment from yesterday ..
    FF43 said:

    I had a (20W?) lightbulb moment reading the piece in die Welt below. It's worth persevering with Google Translate. The author asks why the government hasn't done a single thing to prepare the country for Brexit and thinks it isn't serious about Brexit. I would say more indecision than a plan but it comes to the same thing. There is plenty of argument in the UK about Brexit but very little discussion about how to achieve it.

    I realised for the first time that there is a consensus of sorts in the UK about Brexit. Both Remainers and Leavers want Brexit to change things as little as possible. In the Remainers' case it's about damage limitation. In the Leavers' case it is an expectation that nothing important will change after Brexit - the absence of a Project Fear essentially. Patrick Minford's wildly misinformed report that Britain will be £135 billion better off after Brexit is predicated on us continuing to trade on exactly the same terms after Brexit as now.

    I have always thought Leavers were making a mistake in thinking there would be no real change with Brexit but missed the much more important point that they don't actually want there to be change. They may talk, as Professor Minford does, of opportunities but virtually no-one is prepared to take responsibility for effecting change. Certainly none of the politicians are. I expect the job to end up with the civil servants who, in the absence of a steer from politicians, will aim not to rock the boat. The recent flurry of "position papers" are civil servants at their finest, articulating fluently about nothing much at all.

    For the first time I am more concerned about the EU negotiators than the UK ones. We are waiting for them to tell us what's what - we are not going to do it ourselves - and therefore rely on the kindness of those we have estranged. I hope they are tolerant of our stupidity, give us our figleaves of control - our indirect jurisdictions, our new and special relationships - and don't screw us over just because they can. The UK is worth keeping in the EU camp.

    https://twitter.com/philipoltermann/status/900305130876268545

  • Options
    RobDRobD Posts: 58,961
    edited August 2017



    There needs to be an accelerated and simplified process for granting this. The manifest incompetence of the Home Office this week mandates that there is an appeals process to correct the inevitable errors and appropriate oversight by European courts.

    I would think it reasonable of our government to agree, with a time limit of say 10 years after which the European court loses its jurisdiction.

    "adult supervision" I've seen it called. As if the EU institutions don't make mistakes.

    In the case you mention, I have no doubt it would have been corrected by the UK courts, had it got that far.
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    FF43FF43 Posts: 15,692
    ....and add that if Leavers don't want change to the extent of making it happen and accepting the consequences of it, they will have to go along with Remainer attempts to damage limit those changes. It remains to be seen whether Leavers will aim to build a consensus for minimum change and a "successful Brexit", ie one most people can accept or whether they fall back on blaming Remainers and the EU for it not turning out the way they expect.

    I don't think it unreasonable from the EU's POV to push the money issue. They are damaged by Brexit too, they don't owe us any favours, and are attempting to ensure the damage as far as possible falls on our side rather than theirs. I agree with you that it is in the EU's interest to keep us on their side. There is a distinction between being hard headed and businesslike and crushing people into the dust just because you can. As third parties we will have to get used to the first. One of the many ironies of Brexit is that we were never more beholden to the EU than when leave. To be fair to the EU they have been businesslike so far and Barnier has warned against pushing things too far. But it's a risk.

    I don't agree that the referendum mandates restrictions on immigration. It was a profoundly stupid referendum where we got to choose what we didn't want (membership of the EU) without considering the alternatives. No business would operate that way. Even stupid referendums have to be respected. We need to leave, nothing more; nothing less.
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    GeoffM said:

    RobD said:

    DavidL said:


    The idea that the CJE will determine the rights of EU citizens in the UK is of course nuts.

    We saw in the case of the Finnish academic this week (and there have been numbers of similar perverse and unreasonable decisions) exactly why it is needed. EU citizens resident here need protection from our incompetent and arbitrary immigration decisions.
    No they do not, In case you missed it (and of course you didn't, you are just being disingenuous) the error was found and corrected.
    The error was that as an EU citizen she could not be deported yet. Post Brexit she could be. That is why EU wide courts are needed to protect her and millions of others.
    Bollocks. You have no idea what the arrangement is going to be for EU citizens after Brexit and all the indications are that effectively nothing will change for them if they are already resident. You are just making stuff up because it suits your narrative. Typical utterly dishonest Remoaner.

    Currently, they have the right toht. That seems quite a biggie to me. If they get the same rights as UK citizens, that would not be an issue.
    If they want identical rights to UK Citizens they should become UK Citizens - and if that means giving up their home country citizenship because THEY won't allow dual citizenship, then life is about choices.

    If they want identical rights to UK Permanent Residents - which is what the UK government is offering - then they should stay here permanently.

    Why should 'Permanent Residents' from the EU have superior rights to 'Permanent Residents' from the US, Canada or South Africa?

    Because that is the basis on which they have built their lives in the UK.

    Then they can become permanent residents in the UK. They lose no rights as EU citizens by doing so.

    Yes, they do. Unlike UK citizens, they lose their residency rights if they leave the UK for an extended period of time.

    Well they aren't UK citizens. Why should they be able to swan off to a third country for as long as they want to and stroll back for the benefits whenever they feel like it?

    Because they were the rights they had when they decided to make the UK their home.

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