The "Reckless Fantasy" of Brexit

Updated 20th October ...

Only the most naively optimistic would claim that Brexit is proceeding well.  Round 5 of the negotiations ended with what appears to be only minimal progress (previous post) and some politicians are now urging the Prime Minister to abandon the negotiations unless the European Council agrees to discuss the future trading relationship - BBC News 19th October.

It is entirely reasonable to conclude that, if Brexit comes about, the United Kingdom will be seriously damaged constitutionally and very much poorer economically.  The Brexit process should be stopped by Parliament - the UK's sovereign body - reversing the leave decision.  Such a decision would be in the best national interest and could, with the right leadership, lead to steps toward rebuilding the UK and establishing a 'deep and special relationship' with the EU but as a critical member rather than as an outsider peering, like the young boy pictured, into the shop window and hoping that we had access to the goods.

"Victoria" TV series ~ Daniel M'Naghten

Daniel M'Naghten

The second series of the television programme "Victoria" ended on Sunday 15th October.  (There is to be an extra episode at Christmas).  At times, the series touched upon some of the great issues of those days.

Victoria (1819-1901) was Queen from June 1837 until her death on 22nd January 1901.  The final episode of Series 2 touched upon the Parliamentary struggle for the repeal of the "Corn Laws" which prevented imports of grain and therefore had come to protect wealthy landowners.  A poem of the time summarised the situation: "Ye coop us up, and tax our bread, And wonder why we pine; But ye are fat, and round, and red, And fill'd with tax-bought wine."

The Corn Laws were repealed during the premiership of Robert Peel (1788-1850).  Peel's private secretary was the civil servant Edward Drummond (1792-1843).  Drummond was shot by Daniel M'Naghten (1813-1865) whose name still lives on in English criminal law due to the much-criticised M'Naghten Rules which set out the requirements to establish a defence of "insanity."  Drummond was actually shot from behind and he died of complications which arose following surgery to remove the "leaden bullet" fired from M'Naghten's gun.

Ian Stewart-Brady

" .....even in the sordid history of crimes against children the murders committed by Hindley jointly with Ian Brady, were uniquely evil" - Lord Steyn in R (Hindley) v Secretary of State for the Home Department [2000] UKHL 21.


On 15th May, the "Moors Murderer" Ian Brady died - previous post 18th May 2017.  He was convicted at Chester Assizes in 1966 (Fenton Atkinson J and a jury) of the murders of John Kilbride (12), Lesley Ann Downey (10) and Edward Evans (17).   Myra Hindley, who died in 2002, was convicted of the murders of Lesley Ann Downey and Edward Evans.

Brexit Notes - Round 5 and other items

Round 5 of the Brexit negotiations has concluded with statements by the EU Chief Negotiator (Michel Barnier) and the Secretary of State for Exiting the EU (David Davis).  Some British politicians will be most unhappy to have heard Mr Barnier state - " ... as things stand at present, I am not able to recommend to the European Council next week to open discussions on the future relationship."

Although the talks clearly made a certain amount of progress, the major sticking point appears to be the financial settlement which Mr Barnier said had not been discussed apart from some technical details.  He said, "We are, therefore, at a deadlock on this question. This is extremely worrying for European taxpayers and those who benefit from EU policies."

Brexit - Theresa May's statement to Parliament 9th October

Brexit negotiations are entering the 5th Round and, on 9th October, the Prime Minister made this statement to the House of Commons - see Hansard 9th October.

Mrs May emphasised that the government wishes to secure "a new, deep and special partnership with the European Union which spans both a new economic relationship and a new security relationship" but the UK will not be part of the EU single market or customs union. Also, the idea is rejected of "something based on European Economic Area membership."   Instead, the UK is seeking "a unique and ambitious economic partnership" which will "reflect our unprecedented position of starting with the same rules and regulations."  The UK will maintain its "unequivocal commitment to free trade and high standards."

Suicide Act 1961 ~ Mr Noel Conway

Mr Noel Conway is 67 years old and suffers from Motor Neurone Disease (MND) which he described as "a relentless and merciless process of progressive deterioration."   When the time is appropriate, he wishes to have assistance to end his life but assisting suicide is a criminal offence in England and Wales - (Suicide Act 1961 section 2).  In the High Court he argued that section 2 of the Suicide Act is incompatible with Article 8 of the European Convention on Human Rights and he asked the court to make a declaration of incompatibility as permitted by section 4 of the Human Rights Act 1998. The court held that section 2 is compatible with the Article 8 rights of Mr Conway and declined to make the declaration.

The Queen (Noel Douglas Conway) v Secretary of State for Justice and others [2017] EWHC 2447 (Admin) - Sales LJ, Whipple and Garnham JJ.  The judgment is also available in pdf format via the Judiciary website.

Judiciary ~ Swearing in ceremonies

Sir Ian Burnett LCJ

The new Lord Chief Justice of England and Wales - Sir Ian Burnett - has been sworn in today (2nd October) - see the Judiciary announcement and the short video statement made by Sir Ian. The Lord Chief Justice holds the office of President of the Courts of England and Wales and is Head of the Judiciary of England and Wales - Constitutional Reform Act 2005 section 7.   Sir Ian is also Head of Criminal Justice but it is permissible for the him to appoint another to that position - CRA 2005 section 8.  (Note 18th October - The new LCJ has appointed Sir Brian Leveson as Head of Criminal Justice - HERE).

Sir Ian is the 19th Lord Chief Justice since the major court reforms of 1875 and he is the 12th since the end of World War 2.  He is the youngest appointee since Lord Parker of Waddington who was appointed in 1958 at the age of 58.

Note 12th October - It has been announced that Sir Ian Burnett will receive a life peerage - Downing Street Press release

Change also took place at the Supreme Court .....