
Anne Palmer writes about the loss of the Royal prerogative.
There was a time many years ago, the occupation of every Office, and the very existence of Parliament itself, terminated with the death of the King. (HC debates 4th March 1824) ). Times change and some of us remember the announcement, “The King is dead, long live the Queen” on the death of the much loved King George VI.
One of the best explanations I have found as regards the Royal Prerogative, was during a debate 16th October 1952, “The law of our Constitution provides that the treaty-making power shall rest with the Prerogative; it shall be exercised by the Executive. But the treaty-making power is a power which cannot affect the rights of the ordinary, individual citizen”.
“No contract or treaty made by the Government of this country with another country can affect the ordinary rights of an English citizen, can affect his contracts, or can affect his freedom. For the rights of the individual to be taken away from him requires the consent of Parliament in legislation passed for that purpose”. I did not find any separate, deliberate reference that has quite deliberately set out to remove the people's “Rights”, though all our rights under our Constitution are listed for removal in the Civil Contingences Act which is only meant for temporary specific cases, certainly not permanently. (allegedly!) Though the reason to implement such an act would be during a fight FOR those Rights. World War II was fought so that no foreign Constitution would be imposed upon us, especially delivered by the then leader, Adolf Hitler. Do YOU know who is going to be the next leader?
Tony Benn, Monday 16th Oct 2000 speaking on Radio 4, “The power to go to war is a Crown power and in the recent wars in Kosovo and the Gulf there was no vote legitimising the military conflict that we entered. The power to sign Treaties, the most important power now from a practicable point of view is the power to make laws in the European Council of Ministers, they automatically and without further debate repeal any laws passed by Parliament without any consultation in the House of Commons. And whereas the powers of legislating by Prerogative was stripped from Charles 1st and never restored after the glorious revolution, it has been returned now, but returned to the person of the Prime Minister using the powers of the Crown, and Parliament is now a spectator of its fate and not a participant in the real decisions that matter”.
Peter Shore, stated, (Hansard, 20th January 1972), just days before the signature was to be placed on the Treaty of Rome. “This is a treaty which carries the most formidable and far-reaching obligations. It is a treaty-the first in our history-which would deprive the British Parliament and people of democratic rights which they have exercised for many centuries. I can think of no treaty, to cite only one characteristic of the Rome Treaty, in which the British Parliament agree that the power to tax the British people should be handed over to another group, or countries, or people outside this country, and that they should have the right in perpetuity to levy taxes upon us and decide how the revenues of those taxes should be spent”.
The Solicitor General:- “Throughout, the treaty making power resides in the Crown, in Her Majesty the Queen acting upon the advice of her Ministers. It is by virtue of the Royal Prerogative in the conduct of foreign affairs that the Government initiate, sign and ratify international agreements. As a matter of constitutional law, no parliamentary authority is necessary before the Crown may exercise those powers. The other principle is equally important. Those prerogative powers, the treaty-making powers, do not enable the Crown to alter the law within the United Kingdom so as to implement the treaty”. End of snippets. That paragraph is perhaps the most important because it highlights that the Crown's own Royal Prerogative does not allow even the British Crown to alter the law or Constitution within its own Kingdom, yet here we have a Government whose sworn allegiance is to that very same Crown, transferring the ability to make Treaties on behalf of the UK through that same Royal Prerogative the only method they themselves can use, to foreigners, in a Parliament in a foreign Country strictly against the Crown's Coronation Oath and Constitution of this Country.
Our Government has ratified the Treaty of Lisbon, which included Article 47 “The Union shall have legal personality.” So few words yet if implemented will have such a devastating affect on this Country and the rest of the Commonwealth. A Report by Carlos Gonzalez in the EU Parliament was clear that because the Union does not have legal capacity in the Member States, it has no capacity to take action under public international law. It cannot therefore in particular conclude agreements, join in international organisation, act as an observer within such an organisation or conduct diplomatic relations, it cannot be party to legal proceedings etc. Although the European Community has legal personality and limited treaty making powers recognised in Article 24 and 38 of the EU Treaty, the European Union as a whole does not have full Legal Personality.
Proof that this has not only deprived the people of their RIGHTS, it has also deprived the people's representatives in Parliament to have their say on Treaties. Proof that an EU Treaty and/or AGREEMENT was completed and set in place without any knowledge or debate on this, in the UK Parliament. Recorded in Hansard Lords, Pages GC 287-294 Extradition Bill 18th June 2003.
When an agreement has been negotiated with another Country, it cannot be amended unilaterally here. The Government are allegedly guardians of our Constitution, they all swear a solemn Oath of Allegiance to the Crown, yet they have put the EU before that allegiance. This is perhaps more apparent in those people that have “served” in the EU at one time or another.
No Government of this Country should transfer to others, even through “Treaties”, the Royal Prerogative of Treaty Making. No British Government can send troops into battle or sign Treaties without using the Royal Prerogative. It is not in the Government's 'gift' to do so. It is not in their 'gift' to give away the authority to do so to foreigners. The Crown is the one stable factor in all this, the constant, the trusted. I then look at the signature on behalf of the Crown on the EU SOFA AGREEMENT, (Official Journal of the EU, C 321/6 dated 31.12.2003.) which some EU Countries have signed, and the full account of NEW Article 188R in the Lisbon Treaty (not the one in the consolidated version) and I fear what may be the outcome of these? (We are not compelled-as required under 188R Lisbon-to always join in with NATO activities) We have a Government that does not even have the guts to tell the people what they have done in the people's name.
Complete Ratification of the Treaty would deprive Her Majesty's Government of the ultimate and sole authority of the use of the Royal Prerogative of Treaty making and possibly of war making powers. It would revoke permanently the power of the Crown, though in truth, exercised by Parliament through the Royal Prerogative in the UK. Therefore the Crown no longer has the exclusive authority to apply the Royal Prerogative. It follows then that the same would apply to the next in line to the throne of the United Kingdom. The Crown will no longer have use of the Royal Prerogative for it so binds all successors making the Crown subservient to the European Union forever.
In all the previous EU Treaties, EU laws and Directives have been transposed via our Parliament. The Governments use of the Royal Prerogative for Treaty Making is direct, it by passes the British Parliament and uses the power of the Crown via the Royal Prerogative and hands full power exclusively in perpetuity to the EU. The Treaty of Lisbon, if not withdrawn and put before the people in a referendum, may be eventually ratified by all 27 Countries, and will result in removing the power of the Crown and Royal Prerogative from the British Crown to the European Union.
That is not the end for that action may well extend to the over-seas Territories and even as far as the Falklands, or didn't anyone read the EU's “Motorway in the Sea”. Will Britannia ever “Rule the Waves” again?
The other 'party' to the Common Law of Royal Prerogative Powers which removes the people Rights they have under Magna Carta and the Declaration and Bill of Rights 1688/9 will have no say what so ever in any Treaty the EU makes in the future. The people will be bound by any such Treaty. The question is therefore, in the giving of the Royal Prerogative of Treaty making powers to the EU, have our Common Law Rights held in our Constitution been destroyed, bearing in mind all so solemnly swear a solemn oath of true allegiance to the Crown? We are mindful that according to R v Thistlewood 1820, to destroy the Constitution, is an act of treason. If that is the smallest Article in the Treaty, what on earth is hidden in the rest?