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Brexit the economy and house prices part 6
Comments
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Well, here's a copy of the GFA:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/136652/agreement.pdf
When you've read it, come back and show us where it supports your claims. Remember the maxim that if it isn't written down, it didn't happen.
I've got it, thanks.
Since you've clearly read it, can you cite anything that indicates that a hard border is allowed?0 -
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Eric_the_half_a_bee wrote: »"but without an obvious link back to the GFA itself" - it's almost as if they are making it up to suit their agenda
I don't think they are - someone would have corrected them by now. Like I said there are plenty of 'credible' sources saying it's a violation. Maybe they are all copying each other and it's nonsense but I'm sure someone would have fact checked and found it to be incorrect.
I really doubt (though willing to be proven wrong here), that the GFA would allow a border. If it didn't, team Brexit would have been shouting about it for 2 years now (being the only real sticking point in Brexit negotiations).0 -
Eric_the_half_a_bee wrote: »Where does the Act state that such infrastructure would be illegal?
The EU withdrawal Act prevents new border arrangements and see my post above re. what May signed up to on 08/12/17 anyway!
http://www.legislation.gov.uk/ukpga/2018/16/section/10/enacted
10Continuation of North-South co-operation and the prevention of new border arrangements
This section has no associated Explanatory Notes
(1)In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—
(a)act in a way that is compatible with the terms of the Northern Ireland Act 1998, and
(b)have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.
(2)Nothing in section 8, 9 or 23(1) or (6) of this Act authorises regulations which—
(a)diminish any form of North-South cooperation provided for by the Belfast Agreement (as defined by section 98 of the Northern Ireland Act 1998), or
(b)create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.0 -
Eric_the_half_a_bee wrote: »Where does the Act state that such infrastructure would be illegal?
Page 16: LA25[88] sub-clause 2bi. Full text of which is:
Subclause (2) would mean that regulations made under clauses 7 [9], 872, 9 [11] or 17 [22] of the Bill could not be made which:....
(b) create or facilitate border arrangements between Northern
Ireland and the Republic of Ireland after exit day which feature—
(i) physical infrastructure, including border posts, (ii) a
requirement for customs or regulatory compliance checks, (iii) a
requirement for security checks, (iv) random checks on goods
vehicles, or (v) any other checks and controls,
that did not exist before exit day and are not subject to an
agreement between Her Majesty’s Government and the
Government of Ireland0 -
http://www.legislation.gov.uk/ukpga/2018/16/section/10/enacted
'(b)create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.'(2) Nothing in section 8, 9 or 23(1) or (6) of this Act authorises regulations which—
(a)diminish any form of North-South cooperation provided for by the Belfast Agreement (as defined by section 98 of the Northern Ireland Act 1998), or
(b)create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.
"Nothing in Section X authorises Y" does not make Y illegal.0 -
Eric_the_half_a_bee wrote: »Things are allowed unless they are prohibited. The GFA does not prohibit a hard border, therefore it allows it.
In the UK. In Europe they are usually prohibited unless allowed. I've no idea what setup is in Eire or whether that'd matter.0 -
Eric_the_half_a_bee wrote: »"Nothing in Section X authorises Y" does not make Y illegal.0
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I think it’s all going to be like the millennium bug, absolute chaos and in the end nothing happened.0
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