Details of Our Planned Legal Action
These are just some of the main legal arguments although there are many more!
LEGAL ARGUMENTS AGAINST THE EEC/EU
Knowingly signing the UK up to the EEC against the will of the People of the UK was against the foundations of The Treaty of Rome 1957 and therefore the foundations of the EEC and democracy.
- The EEC had copies of the Heath White Paper of June 1971 and were fully aware of the lies and omissions in it.
- The EEC should have insisted upon a Referendum as a term of joining as the three other applicant countries of Denmark, Ireland and Norway all had a confirmatory Referendum in addition to the requirement of high Parliamentary majorities in favour. This should have been crucial with regard to their knowledge of the extent of UK public opposition to membership and is illegal and undemocratic.
- The EEC knew full well that the official position of HM Opposition was against joining the EEC.
- The EEC colluded and conspired with Heath and other Prime Ministers before him in order to force membership of the EEC onto the UK against the wishes of the People for their own financial and political gain.
- The EEC had permitted an incoming Conservative Government to take over the final stages of negotiations of a previous Labour Government. Those negotiations had also previously been left open for 3 years after the veto in 1967 and they had let those continue from where they had left off.
- The EEC inflicted punishment terms and extortion payments on the UK fuelled by the determination of Heath and Wilson before him to join the EEC at all costs.
- It was the EECs Treaty and Heath could not have signed it if they had not permitted it.
- The EEC’s treatment of the People of the UK was in breach of the Vienna Convention on the Law of Treaties (1969).
- The EEC’s treatment of the People of the UK was in breach of International Law.
- The EEC illegally financed and colluded to rig the UK Referendum of 1975.
- Crucially other countries were not given Referendums to join the EEC, including one of founding members and the biggest financial contributor, Germany.
LEGAL ARGUMENTS AGAINST THE GOVERNMENT
- Probably the most important legal argument of all is that PM Edward Heath deceived the Queen into effectively signing away the Sovereignty of the United Kingdom and the British People when she gave Royal Assent to the European Communities Act 1972. Thereby breaking her sacred Coronation Oaths (including the Coronation Oath Act 1688) and vows to the People. This is an act of Treason on behalf of Heath and his Government.
- Heath was conspiring and colluding with a foreign power against his own country which again is an act of Treason.
- Heath signing the Treaty of Accession to the EEC on 22/1/72 was Ultra Vires (beyond his legal powers) and against the Rule of Law as he did not have a Mandate from either the People, Parliament or even his own Government and Cabinet.
- Joining the EEC was in breach of the Constitutional doctrine that one Parliament may not bind another Parliament.
- Heath illegally surrendered the Sovereignty of the People by joining the EEC without their approval and against the will of over 83% of the population.
- At the point of Heath signing the Treaty of Accession to the EEC it represented taxation without representation by a foreign power as the European Parliament was not in existence. There is also the issue of taxation by a foreign power in perpetuity without public consent which is contrary to the Bill of Rights and the Magna Carta.
- Heath was in breach of his 1970 General Election Manifesto pledges as he promised to only negotiate and to actually join the EEC had not been foreshadowed (stated) in it.
- Heath illegally used the Royal Prerogative as his authority to sign the Treaty of Accession.
- Heath’s Ministers illegally used the obscure and now discredited ‘Ponsonby Rule’ to justify the fact that the Treaty of Accession was not laid before Parliament and published as a White Paper before signing as should have been done under the Constitutional precedent of the NATO Treaty.
- Heath abused the whole Constitution and Parliament to create a legal loophole to circumvent the law based on the fact that this was a Treaty and there was little in the way of existing legal precedent regarding Treaties. Heath also exploited the fact that there was an Unwritten Constitution in the UK unlike most other countries.
- Heath and the two Prime Ministers before him (Macmillan and Wilson) refused all demands for a Referendum or General Election upon entry. In fact Tony Benn had an Act in place that would permit a Referendum upon joining at any time until 1/1/73. In the end the People had no vote at all from June 1970 until the General Election of February 1974 and even then it was the same three pro-EEC main Party leaders as 1970 to choose from, stifling democracy.
- Heath’s White Paper of June 1971 (Cmnd 4715) was filled with lies, misleading and omissions on crucial issues such as the massive legal, sovereignty and constitutional implications. He and his Government illegally relied upon the 1967 White Paper on Constitutional Law produced by the Labour Government that was outdated, he crucially did not produce one of his own. He further used illegal methods to distribute a shortened version of his White Paper and the fact that he distributed it all was illegal as it had not been approved by Parliament at that stage.
- Heath forced and won a meaningful vote on 28/11/71 by using bribery, pay roll votes, lies, misleading, threats etc. He did not include any terms about Fisheries claiming they were not concluded as he knew he would lose the vote when it was discovered how poor they were. He then falsely used his majority in this vote as the basis to commit to sign the Treaty.
- Heath signed up a democratic county, the UK, to an undemocratic organisation, the EEC, that had links with countries that at that time were fascist.
- Heath illegally took over the final stages of negotiations of the Labour Government and was able to use this fact to counteract arguments from the Opposition. Also capitulation terms on everything were accepted as a result of being in such a weak bargaining position. Nothing was requested in the way of special terms as other countries had received and a strict interpretation of the terms was adopted to further shackle the People. Extortionate contributions were agreed to be paid to the EEC budget which adversely affected the UK economy throughout the 1970s onwards until today.
- Heath and his Ministers claimed that the Treaty was a merely a ‘draft’ at the time of signing when clearly it was not! They also falsely claimed that the Treaty could be altered when it in fact it could not be.
- Most of Heath’s own Ministers had not even seen the Treaty before it was signed let alone his back bench MPs or the Opposition.
- There were 42 volumes of over 2,500 Regulations, 10 volumes of Treaties and thousands of Statutory Instruments, most of which had not even been translated let alone read, this all had to be adopted into the law as at 1/1/73. There was no mention of this in Heath’s White Paper and MPs only received the 42 volumes one week before the Treaty was signed.
- The European Communities Act 1972 was railroaded through by Heath’s abuse of Parliament. The second reading was passed by just 8 votes after the entire Government threatened to resign. The Bill was drafted in such a way that most of the over 400 amendments were declared out of Order by the Speaker. The amendments that were allowed were voted down by the Payroll, bribed, coerced and Liberals that would wait in the bar to vote. The third reading was passed by just 17 votes on 13/7/72 again after the whole Government threatened to resign and the usual bribing etc. The corrupt process was repeated in the Lords and the whole Bill passed through Parliament without a single amendment which is an almost unknown feat. It was important that no amendments were permitted as Heath did not have the time to spare in forcing through the Bill for membership for 1/1/73.
- At no point did any of the MPs, Government or most of the Cabinet (probably just Heath and one or two of his Ministers!) see the Foreign and Commonwealth document FCO 30/1048 which was only made public in January 2002 after being kept secret under the 30 year rule. This document confirmed the loss of Sovereignty and Parliamentary freedom to legislate and concluded that it was a price worth paying and that by the time the People found out it would be too late to do anything about it as the UK would be too far integrated into the EEC!
- When a retrospective Referendum was finally held in 1975 by a reluctant PM Harold Wilson to honour his October 1974 General Election Manifesto it was biased and rigged as he could not afford to lose it as he and probably his whole Government would have to resign and there would also probably be extensive EEC financial penalties.
- Further EEC/EU integration was enacted by successive Governments all without consultation or permission of the People. More lies were told about the implication of these Treaties of Maastricht, Amersterdam, Nice, Lisbon and no Referendums were held unlike in other countries (but even these were repeated until the ‘right’ result!).