Monday 13 March 2017

May's Brexit: An unnecessary conflict between Executive and Parliamentary authority in Britain

At every turn, Theresa May has antagonised Parliament and picked fights unnecessary fights.
Today Theresa May has her authority in the Commons put to the test. So far as Prime Minister she has drawn some very stark lines, creating some poorly considered battles and today's vote seems amongst the least necessary.

The PM made her Brexit Bill intentions pretty clear. She wanted a simple bill, passed quickly. No flourishes, just a straight forward rubber stamping from Parliament to authorise her to trigger the UK's biggest constitutional change in lifetimes.

Considering how May ignored and excluded Parliament rather than engaging from the beginning, the rubber stamp should never have seemed likely to come easily. In fact her determination to keep this to executive authority alone has been almost obsessive.

From the beginning, May has tried to portray the referendum as giving her a personal mandate to wield reserve powers - despite the referendum never being a legally binding vote, whether or not you accept its result as a guide for future policy. That is particularly astounding When you consider that May is trying to change the constitution by executive power alone.

When this position, of cutting Parliament out of the process, was challenged, May's Government went to court - ostensibly to legally exclude Parliament. When the judges faced harassment and media attacks, the response from May's Cabinet - which should have been standing up for judicial independence - was at first absent and then poor.

Then, the Lords sought, in the form of amendments to the court-ordered Brexit Bill, to guarantee the UK's commitment to protecting EU citizens currently resident in the UK and to ensure that the Commons plays a definite role in ratifying any Brexit deal. The PM's response was almost ludicrous.

First she took to the press to virtually order the Lords to comply with her narrow aims on the bill. May then took the unusual and aggressive step of making herself personally present in the Lords to watch over the debate.

To do so, she sat on the steps of throne, a privilege afforded to her as a member of the Privy Council - the Queen's council of advisors. That knowledge expresses a lot about the nature of the dispute over how Brexit is proceeding: the Prime Minister turning to executive authority and reserve powers and privileges to bully and exclude Parliament.

The most obvious question is: why? Why bother? In her quest to treat the referendum as a personal mandate, May seems determined to undermine every other branch of government. She is picking fights in every direction.

Look at her initial approach to negotiating with the EU. She ignored the EU's position - that negotiations would only start when Article 50 was officially triggered and that the EU member states would negotiate collectively - and set off to try and negotiate with each member directly.

Theresa May seems determined to antagonise everyone and everything around her, drawing lines and making fights out of what should be collaborations. And that speaks volumes about the way the Conservatives are governing Britain.

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