: Its Roots, Growth, and Fruits

Wednesday, November 16, 2016 Presented By the IADC International Committee

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William J. Perry Carter Perry Bailey LLP London, England [email protected]

POPULATION (MILLIONS) 2 10 50 60 70 30 40 0 5 0 19.7M YORKNEW 38.8M CALIFORNIA 64.1M KINGDOM UNITED

Gaius Julius Caesar

Marcus Ulpius Traianus

William the Conquerer Drake Elizabeth I Pepys St Vincent Nelson Fisher Jellicoe Richard the Lionheart Edward III tomb, Westminster Abbey Henry V John Churchill, 1st Duke of Marlborough Arthur Wellesley 1st Duke of Wellington

“The British government and the British people have been through a searching debate during the last few years on the subject of their relations with Europe. The result of this debate has been our present application. It was a decision arrived at, not on any narrow or short-term grounds, but as a result of a thorough assessment over a considerable period of the needs of our own country, of Europe and of the free world as a whole. We recognise it as a great decision, a turning point in our history, and we take it in all seriousness. In saying that we wish to join the EEC, we mean that we desire to become full, whole-hearted and active members of the European Community in its widest sense and to go forward with you in the building of a new Europe.” Edward Heath, 1961 “The recent report of the Brussels Commission had shown clearly that membership of the EEC was incompatible with the economy of Britain, with her chronic deficiency in balance of payments. It was also incompatible with the British tradition of obtaining cheap food from all parts of the world.” Charles de Gaulle on Britain’s bid to enter the EEC

“We do not pretend, and never have pretended, that we got everything we wanted in these negotiations. But we did get big and significant improvements on the previous terms. We confidently believe that these better terms can give Britain a New Deal in Europe. A Deal that will help us, help the Commonwealth, and help our partners in Europe. That is why we are asking you to vote in favour of remaining in the Community.” Harold Wilson, Prime Minister of Britain, 1975 The 5 June 1975 Referendum

67.2% 17,378,581

32.77% 8,470,078 Turnout: 64.03%

It was not plain sailing from there… “I WANT MY MONEY BACK!”

In 1980, at the beginning of a tussle which would last four years, Margaret Thatcher, the then Prime Minister of the UK, fought for the UK’s contributions to the EEC to be adjusted. NO! NO! NO!

Thatcher’s response to the call by European Commission president Jacques Delors' for the to be the democratic body of the European Community, the commission to be the executive and the Council of Ministers to be the senate, 1990 "We have not successfully rolled back the frontiers of the state in Britain, only to see them re-imposed at a European level, with a European super-state exercising a new dominance from Brussels." Margaret Thatcher, Prime Minister of Britain 1985: The Schengen Treaty is signed, creating a borderless zone across most of the member states. The UK doesn’t sign up. 1992: The Maastricht Treaty is signed. Britain negotiates opt-outs on monetary union and social policy. 1992: Britain is forced to withdraw the pound sterling from the European Exchange Rate Mechanism. 1993: John Major forces down back-bench rebellion over the Treaty as he is warned it undermines parliamentary sovereignty. 1999: France and Britain come to blows over the former’s ban on UK beef in the face of “mad cow disease”. Despite the EU telling France to lift the ban, this is not done until years later. 2000: British chocolate finally sold in Europe after a 27-year dispute over ingredients. 2002: Euro coins and notes become the legal tender of the EU member states participating in the single currency. The UK doesn’t sign up. 2011: The UK disputes Europe’s to introduce a levy on banks and restrict London’s financial sector. David Cameron promises to bring back powers from Brussels. President of the European President of the European President of the European Council: Parliament: Martin Schulz Commission: Jean-Claude Juncker Donald Tusk

High Representative of the Union for Foreign Secretary of State for Exiting the Affairs & Security Policy: Federica Mogherini European Union: David Davis

• EU red tape is suffocating UK economy and Brexit can set us free The Telegraph, April 2016

• Drowning in red tape? The Economist, March 2016

• Shock at colossal waste of £33 billion each year on Brussels red tape Daily Express, March 2015

23 June 2016

Remain: 48.1% Leave: 51.9% 16,141,241 votes 17,410,742 votes Turnout: 72.2%

"Funny, isn't it. You know, when I came here 17 years ago, and I said that I wanted to lead a campaign to get Britain to leave the European Union, you all laughed at me. Well I have to say, you're not laughing now are you?“ Nigel Farage, then leader of UKIP

"The British have chosen a route which it was thought was closed for all time and you were some of those who believed it was closed. Those who said 'It's all irreversible, the European Union is irreversible', well, the British people have told you where to get off.“ Marine Le Pen, leader of the French National Front

"The British people, understandably didn't like being patronised or slut-shamed so they looked closely, and with increasingly attention, to the arguments.” Michael Gove “All political lives end in failure.” David Cameron upon realising the Remain campaign had lost.

"Europe isn't exclusively a cerebral affair. Obviously we have to think but equally when you're sad, it's acceptable to be sad and I am sad after this vote in the UK and I make no secret of it. The British vote has cut off one of our wings, as it were, but we're still flying." Jean-Claude Juncker

"If English votes drag us out of the EU that would be like Britannia waives the rules. There was a democratic vote. We voted to remain. I tell you that the last thing that the people of Ireland need is an EU border with 27 member states stuck right in the middle of it.“ Martina Anderson, MEP for Irish republican party Sinn Fein

"We will need cool heads and warm hearts but please remember this - did not let you down.” Alyn Smith, MEP for the "We respect and at the same time regret the UK decision, but the European Union as such is not at risk. We would be happy if the request for Brexit could happen as quickly as possible, so we can take the specific steps that need to be taken, and so that relations with the UK, which must remain on a friendly basis, can take on a new shape. And that means that only those can have unlimited access to the internal market who accept that there will be free access for persons and goods. There can be no a la carte access to the single market.“

Jean-Claude Juncker, President of the European Commission "It would be a fatal error to assume that the negative result in the UK referendum represents a specifically British issue... The Brexit vote is a desperate attempt to answer the questions that millions of Europeans ask themselves daily. Questions about the guarantees of security of the citizens and their territory, questions about the protection of their interests, cultural heritage and way of life. These are questions we would have to face even if the UK had voted to remain.“

Donald Tusk, President of the European Council "Brexit is not a liability. I see it more as an opportunity... Our duty, our responsibility is to make Brexit a success for Europe, for all the citizens of Europe. And it is a possibility to end the dramatic complexity of our institutions. Brexit is not a matter of punishment, it's not a matter of revenge.“

Guy Verhofstadt, European Parliament's Brexit negotiator It is said that those who voted Leave were mainly driven by anxieties about immigration. I do not believe that is so. After meeting thousands of people in the course of the campaign, I can tell you that the number one issue was control – a sense that British democracy was being undermined by the EU system, and that we should restore to the people that vital power: to kick out their rulers at elections, and to choose new ones.

I believe that millions of people who voted Leave were also inspired by the belief that Britain is a great country, and that outside the job-destroying coils of EU bureaucracy we can survive and thrive as never before. I think that they are right in their analysis, and right in their choice. And yet we who agreed with this majority verdict must accept that it was not entirely overwhelming.

Boris Johnson “The point that needs to be made is that those voting Leave were not only railing against an elite that they considered to be distant and disinterested but also, in the process, reaffirming their commitment to the nation and a national order of things. For many on the Remain side, nationalism continues to be seen as a poisonous ideology largely associated with far-right politicians and football hooligans. Likewise, the European project is seen by them as an antidote to such expressions of bigotry and violence. The problem with such a view is that in simply reducing nationalism to extremism, we risk overlooking why nations continue to matter to so many people, including a good number of those who voted Leave. Simply put, national frameworks continue to offer a point of anchorage – a sense of identity, continuity, community, place and belonging – in an increasingly complex and threatening world. Similarly, for those who see themselves at the heart of national culture and territory, the nation provides a sense of status (I belong here) and power (I should be able to say what goes on here) where other forms (notably for men) have been increasingly eroded e.g. work, class, locality.”

Dr Michael Skey

BREXIT MEANS BREXIT

“There will be no second referendum, Britain is leaving the European Union.” “There will be no unnecessary delays in invoking Article 50. we will invoke it when we are ready. And we will be ready soon. We will invoke Article 50 no later than the end of March next year.” “Those people who argue that Article 50 can only be triggered after agreement in both Houses of Parliament are not standing up for democracy, they’re trying to subvert it.”

“They’re not trying to get Brexit right, they’re trying to kill it by delaying it. They are insulting the intelligence of the British people.” “Because we voted in the referendum as one United Kingdom, we will negotiate as one United Kingdom, and we will leave the European Union as one United Kingdom.” “We are going to be a fully independent, sovereign country – a country that is no longer part of a political union with supranational institutions that can override national parliaments and courts.”

“And that means we are going, once more, to have the freedom to make our own decisions on a whole host of different matters, from how we label our food to the way in which we choose to control immigration.” “I want to ensure that we get the best possible deal for the UK as we leave the EU, that’s the best possible deal for trading with and operating within the single European market.

But alongside that, the UK will be a confident, outward-looking nation, taking its place on the world stage, looking to build relationships around the globe.” “The process we are about to begin is not about negotiating all of our sovereignty away again.”

“It is not going to be about any of those matters over which the country has just voted to regain control.”

“It is not, therefore, a negotiation to establish a relationship anything like the one we have had for the last 40 years or more.” “A truly global Britain is possible, and it is in sight. And it should be no surprise that it is because we are the fifth biggest economy in the world.”

“Since 2010 we have grown faster than any economy in the G7. And we attract a fifth of all foreign investment in the EU.” “We are the biggest foreign investor in the US. We have more Nobel Laureates than any country outside America. We have the best intelligence services in the world, a military that can project its power around the globe, and friendships, partnerships and alliances in every continent.”

“We have the greatest soft power in the world – we sit in exactly the right time zone for global trade and our language is the language of the world.” Article 50

1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.

2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.

4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.

A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49. THE ARTICLE 50 PREDICAMENT

Following the UK’s decision to leave the European Union, the mechanics of leaving came under scrutiny.

How can Article 50 be engaged? Who can “press the button”?

Some, including distinguished lawyers, believed that new laws and Parliament’s consent to withdraw were necessary to trigger Article 50. Others argued that it is within the Prime Minister’s power to trigger without Parliamentary approval.

Judicial review proceedings began… 3 NOVEMBER 2016:

HIGH COURT RULES THAT PARLIAMENT MUST VOTE TO TRIGGER ARTICLE 50

A link to the judgment can be found here: https://www.judiciary.gov.uk/judgments/r-miller-v-secretary-of- state-for-exiting-the-european-union/ Realities

1.‘EU warns May over Trump’ 2.Trade Treaties 3.43 years of law 4.Passporting / equivalence regimes 5.Brussels Regulation 6.NATO / EU Army Brexit is not Britain turning in on itself: it is a self-confident Britain leaving the stifling ‘safe harbour’ of a restrictive Europe and steaming onto the bright blue sea-lanes of the whole wide world to trade its way to fortune.

Questions for Presenter?

William J. Perry Carter Perry Bailey LLP London, England [email protected] Brexit: Its Roots, Growth, and Fruits

Wednesday, November 16, 2016

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