HEATH GOVERNMENT BETWEEN 1970 TO 1974 ACTED ULTRA VIRES AND ILLEGALLY
The non-binding Parliamentary vote when through on 28/10/71 thanks to various devious methods and Government misleading and the resulting ignorance of non-Conservative MPs to the real implications of membership of the EEC, the Heath Government managed to gain a majority of 112 votes in favour in principle of joining the EEC.
The Doctrine of Ultra Vires
It is important to understand the Doctrine of Ultra Vires in this situation, Ultra Vires is Latin for ‘beyond the powers’ and if an act requires lawful authority to carry out that act and does not have that lawful authority it is considered Ultra Vires and is therefore null and void.
From our research we have established numerous acts that were Ultra Vires by the Heath Government between 1970 and 1974 and also numerous acts by previous Governments all with relation to the desperate attempts to join the EEC. We will focus on two; firstly it was Ultra Vires to constantly deny the People a vote by General Election or Referendum on whether or not to join the EEC and technically this counts as multiple counts of Ultra Vires. Secondly, Edward Heath committed the most serious Ultra Vires Act against the Law, Constitution and the Democracy of the UK since the Magna Carta was signed when he signed the Treaty of Accession to the EEC on 22nd January 1972 without the mandate of either the People of the UK or Parliament.
The Present and the Future
On 15th January 2019 The People’s Brexit wrote to the then Prime Minister and the Attorney General with our evidence of the facts that the Heath Government acted illegally and Ultra Vires between 1970 and 1974. The most notable occasion of all being when Edward Heath signed the Treaty of Accession on 22nd January 1972 without a mandate from the People or Parliament, gave away our Sovereignty and bound us to the EEC. We have stated that we require the Government to acknowledge and condemn publically in Parliament that this occurred Illegally, Unconstitutionally and Undemocratically to the detriment of the British People back in 1972 and is still affecting the UK today. We feel that we should not be hostages to history and to the actions of a small number of people, notably Edward Heath who had no right to shackle the UK to the EEC against the will of the People and the UK should not be punished further for these actions by the EU. It is the actions of these people that are causing the difficulties we are experiencing today. Other countries have joined the EEC/EU willingly when the People have been given a vote in a Referendum when they could choose whether to join or in the case of Norway not to join.
Another little recognised fact is that the signing of the Treaty of Accession was also Ultra Vires due to it giving the right to tax the British People in perpetuity without their consent to a foreign power which is against the terms of the Magna Carta and the Bill of Rights.
Further, the scant (a mere 48 pages including the covers) White Paper that was produced by the Government in July 1971 entitled ‘The United Kingdom and the European Communities’ (Cmnd 4715) for the benefit of Parliament and the People (in a censorious edited format on the rare occasions it was available to the People) consisted of numerous deliberate lies and omissions. This was the basis for the decision to vote with the Government for many non-Conservative MPs on 28/10/71 and the official basis for the Government claiming it was in the best interests of the UK to join the EEC. Examples of these lies were at paragraph 29 ‘There is no question of any erosion of essential national Sovereignty’ and at paragraph 31 ‘The English and Scottish legal systems will remain intact’ and ‘In certain cases however they would need to refer points of Community Law to the European Court of Justice.’ In fact the Legal, Constitutional and Sovereignty implication did not even warrant its own section under the contents and was just lumped under ‘the political case’ in paragraphs 26-39.
The biggest of the many omission was obviously since the day the Heath Government took over negotiations from the Labour Government in June 1970 they had accepted the fact the UK would have to take on the burden of Community Law (just the rules and regulations were over 2,500 in number and 42 volumes on their own not even counting the Treaties and mountain of secondary legislation!) and the fact that this Law would take direct effect and will be precedent over UK Law. This document in itself is Ultra Vires (as amongst many other things it falsely claimed that it was the Government’s decision to make to join the EEC), Illegal, Unconstitutional and Undemocratic. It was so bad that even the Heath Government themselves favoured a White Paper produced by the Labour Government in May 1967 instead. However, this cannot mitigate the fact that this White Paper of lies, misleading and omissions is their official legal basis for entry to the EEC.
It was also a fatal legal flaw in the application that no further White Papers were produced for the benefit of Parliament and the People between July 1971 and January 1972 when the Treaty was signed with regard to the final position on Fisheries and the Commonwealth and obviously the true implications of membership of the EEC.
Former Prime Minister Theresa May stated in Parliament on 14th January 2019 that “the Government is a servant of the People” and now the People are demanding that the Government honours this noble statement and condemns the actions of this previous Conservative Government and takes action to resolve the situation with a new type of Brexit under our terms that includes restitution and compensation from the EU as they are at least equally and possibly more culpable for these actions. Edward Heath could not have signed their Treaty without their co-operation and there were many secret negotiations and deals that we will never know about. To sign a nation up to a federal institution such as the EEC and take away our Sovereignty when over 83% of the people were totally against it is unforgivable and is in breach of the very foundations of the Treaty of Rome that the whole EEC was based upon. That People could be oppressed in this way is the act of a totalitarian hierarchy the very opposite of what former enemy occupied countries should have been trying to achieve and it is to their shame that they permitted this situation to happen. It should have been a term of joining demanded by the EEC that the People of the UK should have been consulted by a Referendum and membership should have only be given if it was the will of the People. In addition, the joining terms given were unfair financially costly punishment terms that were only accepted as the politicians with the power were determined to join at all costs and this was exploited by the EEC who were only interested in how much money they could extract from the UK. The People were further integrated into a federal Europe over the years by stealth and further Treaties all without consideration or consultation of the People of the UK.
After years of oppression by the EEC/ EU the majority of the People of the UK who had not been brainwashed decided to vote to leave the EU in the Referendum of 2016 this result has still not been honoured and the EU still want to punish us further with unfair terms. The People’s Brexit are not prepared to accept this. It is now the responsibility of our Government to demand the justice, restitution, compensation and co-operation we are due from the EU. It is also a fact that the Treaty of Accession of 1972 is null and void due to it been signed Ultra Vires, so the EU cannot hold us hostage to it or to any other Treaties signed subsequently. Further the legislation (The European Communities Act 1972) that brought it in to UK Law is also Ultra Vires and was forced through by the abuse and contempt of Parliament by the Heath Government.
Now it is the duty of the Johnson Government on behalf of the British People to give us justice and take our Sovereignty back from the EU. It is also time for the Johnson Government to tell the truth to the People of the UK about the circumstances of our being part of the EU, it should no longer be the open secret that the people in power know about but are afraid to talk about. The majority of the public who actually thought we joined in a legal and democratic way as they are entitled to think would and should have happened in the 20th Century in a democracy now deserve the truth from the Government.
