The People’s Brexit have been researching extensively on the subject of the legality of the UK being in the EU under UK Law and we have concluded that the UK is in the EU Illegally, Unconstitutionally and Undemocratically for many reasons one of the main reasons being due to not getting the People’s Vote, Consent and Mandate prior to entering the EEC which it needed under UK Constitutional Law, this was necessary as it involved the surrendering of Sovereignty as well as major Constitutional issues, both of which were to a previously unprecedented extent. There were also many major Illegal abuses of power by both Conservative and Labour Governments between 1961 and 1971.
The fundamental fact is that under Constitutional Law one Parliament cannot bind future Parliaments. The only time this could happen is if it had the full consent of the People and even then it is arguable whether future generations could be bound in this way. The Government joining the EEC against the will of the People was an Ultra Vires Act that exceeded their power and was against the principle of the Rule of Law.
Also under Constitutional Law a Government must not exceed its electoral mandate by introducing major constitutional changes which have not been fore shadowed by its Election Manifesto. This happened on three occasions with both Conservative and Labour Governments with negotiations that lead to failed attempts to join in 1963 and 1967 and the eventual Parliamentary vote to join the EEC in 1971.
In 1961 the Government did not even have a mandate from the People to even start negotiations and in 1967 and 1971 the mandate had been for negotiations only.
We have extensively researched Hansard and have proof that the Government and all MPs of the time knew that they were taking the UK into a political union right from the start. They also knew that they were denying the British people their Constitutional rights but ignored that in pursuit of their own aim to join the then Common Market at any cost.
They also knew full well that they were giving away British Sovereignty and according to Constitutional Law they should have either called a General Election on the issue in 1961 on whether or not to start negotiations to join the Common Market or had a Referendum on this point. Failing this they should have done the same in 1962, as negotiations were taking place, on whether to join or not, before the failed application to join was made in January 1963.
Relentless Campaign to Join Europe, Lying to and Hiding the Truth from the Public
From 1961 throughout the 1960s the Governments were relentless in their efforts to get the UK into the then Common Market. They still persisted after being refused entry in 1963 (and again we have extensive evidence from Hansard to this end) time and again denying the electorate their right of a Vote whether or not to join the EEC and knowledge of the true implications of entry. Also they were relentless in getting further and further integrated with European laws and associations all without reference to the Electorate (we have much evidence of this).
Many of the Electorate are still alive today and they are our parents and grandparents and they were betrayed by their politicians who lied to them over the true implications of joining, also they were brainwashed by the continual promotion of the ‘Common Market’ as the answer to all problems. Further, the general public of this time had very little information of Parliamentary activities and politics most relying on what little information had been fed to the newspapers and the politicians at this time were generally unaccountable to their Electorate and were seen as the elite.’
From our extensive research of Hansard it is obvious that all MPs and Ministers from 1958 and before knew about the loss of Sovereignty and political implications of joining the six countries of the Common Market and most were determined to do it anyway with just a few that disagreed. They even spoke about the need to keep this secret from the people!
The scheming and plotting of the late 1950s and early 1960s to get the UK into the EEC has been largely forgotten as it failed in January 1963 when President de Galle refused to let the UK join. This was only after 18 months of negotiations by the Government to join which were not sanctioned by the people. In fact joining has NEVER been sanctioned by the people at any point at all at any stage of negotiations over the course of well over a decade! The scheming and plotting continued relentlessly from January 1963 after the veto and was carried on by the Labour Government.
Final negotiations were set for July 1970 and the Wilson Government were all set to attend them when Wilson decided to call a General Election he fully expected to win. Mainly because he did not want a General Election in 1971 (the latest time he could have it) as he feared there may be a backlash in this year from the People due to the introduction of decimalisation.
At this point it must be stated that all three main Party Leaders at the Election of 18th June 1970 were determined to take the UK into the EEC and were the three Patrons of the British Council of the European Movement (source: Hansard HC Deb 17 December 1969 vol 793 cc359-60W). The Electorate therefore had no choice on whether or not they wanted to vote for a Pro-Europe Party which is both Unconstitutional and Undemocratic.
Illegal Abuse of Power by the Conservative Government
On the 18th June 1970 the Labour Party under Harold Wilson suffered a shock defeat and the Conservative Party under Edward Heath obtained power. Edward Heath was a fanatical Pro-European and had conducted the first EEC negotiations between 1961-1963, when he was the Lord Privy Seal.
One of the Conservative Government’s very first actions was to take over the existing negotiations from the Labour Government and to merely take their seats at the table of the final negotiations with the EEC in July 1970 using the existing Labour application and capitulation terms from 1967.
This is an Ultra Vires abuse of power to the extreme and again against the Rule of Law to just take over from a different Administration, especially when it concerned a matter of such great National and Constitutional long term importance and with such far reaching and binding implications. The Law is very clear that any negotiations should have been started from scratch using a new application based on relevant considerations and terms from 1970.
The EEC should have also insisted that as a term of entry that the UK Parliament did carry out a Referendum to ascertain that the Public did want to join the EEC and were not being taken into it against their will (as did happen!) as many other Countries had. At the time that the UK was in the process of joining Norway, Ireland and Denmark all had Referendums. Again, it is another example of the cold, calculating, self- serving ruthlessness of the EEC, who were only concerned with the financial advantage of UK membership and not about whether The People of the UK actually wanted it.
There was even the Legislation in place for a Referendum in 1971, it having been brought by Tony Benn. Heath knew he would lose any Referendum held so he did not permit it.
The first of January 1973 was a terrible day for the UK, as that was the day we illegally joined the EEC/ EU