UKIP EU Exit Plan Amended 26.07.17

‘With inky blots and rotten parchment bonds: That England, that was wont to conquer others, Hath made a shameful conquest of itself.’ (Amended 26th July 2017) Contents 1. Introduction 2. Six Key Tests for Brexit to Mean Exit! 3. UKIP Exit Policy Summary: How Britain can and should leave the European Union 4. The Referendum decision 5. Article 50 - escape route or trap? 6. The Supreme Court Judgement of the 24th January 2017 7. Theresa May’s Brexit Strategy 7.1 Mrs May’s speech of 17th January 2017 7.2 The Government’s White Paper: The United Kingdom’s exit from and new partnership with the European Union 7.3 The Government’s White Paper: Legislating for the United Kingdom’s withdrawal from the European Union 8. The legal and constitutional case for unilateral, unconditional withdrawal 8.1 UK domestic law 8.2 International law and the Vienna Convention on Treaties 8. 3UK membership of the EU is unlawful and therefore null and void 9 The political case for unilateral, unconditional withdrawal from the EU 10 Repeal of the European Communities Act (1972) 11 The European Parliament: the UK MEPs and what should happen to them? 12 The UK’s EU Budget Contributions 12.1 The UK’s contributions 2014 to 2020 12.2 Is the UK liable for any payments to the EU budget? 13 The UK’s EU other financial liabilities 13.1 UK/EU staff pensions and redundancy costs 13.2 EU Financial Mechanisms liabilities 13.3 The European Investment Bank 13.4 Conclusion 14 TIFFF: Trade, Immigration, Farming, Fishing and Financial Services 2 15 International Trade, the Single Market, the Customs Union and the European Economic Area (EEA) 15.1 International trade 15.2 The Single Market 15.3 The Customs Union 15.4 The European Economic Area 15.5 Existing EU trade agreements with non-EU countries 15.6 The way forward, an offer the EU cannot refuse: A Free Trade Area agreement for continued tariff-free trade 15.7 WTO Rules 16 Financial Services and the City 17 Immigration, Border Controls and EU citizens ‘vested rights’ 17.1 Loss of Control 17.2 Immigration and the Economy 17.3 Migrants’ Contribution to the Economy 17.4 The Cost of Immigration 17.5 Migrants and An Ageing Population 17.6 How Many Migrants Can the UK Take? 17.7 How Can We Control Migration? 17.8 UK Citizens Living the EU 17.9 Migrants ‘Vested Rights’ 18 Farming 19 Fishing and UK Territorial Waters 19.1 The Common Fisheries Policy 19.2 The London Convention on Fishing 20 Justice and Home Affairs 21 The National Health Service 21.1 European Health Insurance Card (EHIC) 21.2 EU Bureaucracy 21.3 NHS Staff Shortages 21.4 Immigration Pressures 21.5 Health Tourism 21.6 EU Language and Competency Rules 21.7 EU Research Funding 21.8 Further Considerations 22 Energy 23 Transport 3 24 Defence, Security and Foreign Affairs 25 Overseas and Humanitarian Aid 26 Scotland 27 Wales 28 Northern Ireland 29 Gibraltar 30 The European Court of Justice 31 The European Court of Human Rights Acknowledgments for assistance: Paul Nuttall MEP Suzanne Evans Lisa Duffy, UKIP Overseas and Humanitarian Aid Spokeswoman John Bickley, UKIP Immigration Spokesman Stuart Agnew MEP, UKIP Agriculture Spokesman Mike Hookem MEP, UKIP Fisheries Spokesman Roger Helmer MEP, UKIP Energy Spokesman Jill Seymour MEP, UKIP Transport Spokeswoman Patrick O’Flynn MEP, UKIP Economics Spokesman Jonathan Arnott MEP, Constitutional Affairs Spokesman David Coburn MEP, UKIP Spokesman for Scotland Neil Hamilton UKIP Member of the Welsh Assembly Professor Stephen Bush Pavel Stroilov Benjamin Wrench Anthony Brown Emily Norton Appendices Appendix I: Draft Bill for the Repeal of the European Communities Act (1972) Appendix II: Article 50 of the Treaty of the European Union (TEU) Appendix III: Article 218 of the Treaty of the European Union (TEU) 4 Appendix IV: Article 238 of the Treaty on the Functioning of the European Union Appendix V: Migration: UK citizens living in EU countries and EU citizens living in the UK Appendix VI: Police and Criminal Justice Measures 5 1. Introduction The purpose of this document is not to restate the arguments for Britain’s exit from the European Union, that case was made and won on 23rd June 2016. The purpose of this document is to describe how HM Government and Parliament could and should fully implement the Referendum decision and leave the European Union as quickly and completely as possible: thereby restoring Britain’s status as a sovereign, independent, self-governing nation. The format of this document is to describe what HM Government needs to do in order to achieve a speedy and complete withdrawal from the European Union. It also describes the most important areas of policy now controlled by the EU, and summarises the relevant background to each one. Some areas, such as trade and immigration, have been covered here in more detail than others because of their importance or complexity. The original intention was for this document to propose policies in each relevant section. At that time, the next general election seemed to be far off in 2020, but we were overtaken by events and a snap general election was called for 8th June 2017. UKIP now faces a new leadership election and therefore detailed policy ideas are omitted; and while UKIP policies are not given in detail here, in some areas policy options for HM Government are proposed. The European Union has spent the last forty-four years invading every nook and cranny of our national life like some kind of legislative Japanese knot-weed. This document is therefore non-exhaustive and cannot cover every eventuality, impediment and objection that will be raised by those seeking to impede or reverse Britain’s exit from the EU in the myriad areas of legislation now under the control of the European Union. If we had to negotiate our way out of every single piece of EU legislation before we can leave, then we would never leave at all. The United Kingdom joined the European Economic Community on 1st January 1973 by means of the European Communities Act (1972). It is the European Communities Act alone which makes the UK a member of (what subsequently became known as) the European Union, under UK law. We are not members of the EU because of any EU treaty or piece of EU legislation. Parliament took us in and Parliament can take us out. It is tempting to retell the tale of the lies and deceit that took Britain in to the EEC in 1973; to tell of the unconstitutional and unlawful basis of our membership since 1973; to tell how the British electorate were deceived and lied to by every Prime Minister since we joined, and how they were denied a decision in referenda on all the subsequent and seismic transfers of power to the EU under treaties such as for example the Treaty on European Union (1992), 6 and The Lisbon Treaty (2007); however, in the interests of brevity this temptation has been resisted. What is addressed here is the legal and political basis for British withdrawal from the EU using the sovereignty of Parliament, and under our own law, and how we can disentangle ourselves from the web of EU law which currently has supremacy over UK domestic law. The UKIP Exit Plan sets out how HM Government can seize the initiative and take control of the leaving process: and that means repealing the European Communities Act (1972) as the first step in the leaving process, not the final step. Repealing the Act puts HM Government and Parliament in control of the leaving process and not the European Union. The British people should ask themselves why HM Government is not implementing the UKIP Exit Plan now, and if not, why not? 7 2. Six Key Tests for Brexit to Mean Exit! The UK Independence Party does not want to leave the European Union by means of negotiating our way out under Article 50. Instead we want HM Government and Parliament to take control of the process by first repealing the European Communities Act (1972) and advising the EU of our terms of exit. However, as HM Government and Parliament has chosen the Article 50 route, UKIP therefore lays our six key tests that will demonstrate if, at the end of the process, we have, or have not, actually left the EU in reality or only in name. UKIP’s Six key tests to prove Brexit means Exit 1. The Legal Test Parliament must resume its supremacy of law-making with no impediments, qualifications or restrictions on its future actions agreed in any leaving deal. Britain must wholly remove itself from the jurisdiction of the European Court of Justice. No undertaking shall be given in the leaving agreement that constrains the UK to being an ongoing member of the European Court of Human Rights. 2. The Migration Test: Britain must resume full control of its immigration and asylum policies and border controls. There must be no impediments, qualifications or restrictions agreed to in any leaving deal. We must not be bound by any freedom of movement obligation. The departure terms must facilitate the Government finally making good on its broken promise to cut net annual net migration to the tens of thousands. 3. The Maritime Test Joining the EEC involved a betrayal of our coastal communities at the behest of a previous Tory prime minister. They must not be betrayed again. Leaving the EU must involve restoring to the UK full maritime sovereignty. The UK must resume complete control of its maritime exclusive economic zone - stretching 200 miles off the coast or to the half-way point between the UK and neighbouring countries.

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