Select Committee on European Union Written Evidence

Letter from Geoff Southall and Michael Clark, The Democratic Party Limited

  1.  The background to our concern extends over 35 years to the European Communities Act 1972 and the four subsequent European Treaties dated 1986, 1992, 1997 and 2001. In our submission these treaties have produced a constitutional illegality at law on the Statute Book, being in conflict with existing great statutes still in force. A thousand years of our constitutional history has been placed under the shadow of a near total eclipse, producing a vacuum at the very centre of our unique system of democratic parliamentary monarchial government, ie "The Queen-in-Parliament under God." The Head of State is now compromised which will increasingly undermine the stability of the nation.

  2.  Our Covenant system of government aspires to a higher authority than that of man, whereas the European System is dictated by the Will of Man, a direct product of the French Revolution. The foundation of our democracy was re-confirmed under the most solemn oath between the Sovereign and the People on 2 June 1953, in which HM The Queen promised to uphold the "laws and customs of the Realm" for her entire reign. Since the ECA 1972 the Monarch has been in the position of being "deceived in her grant," being made to do wrong in failing to uphold our laws and customs and our ancient freedoms.

  3.  A basic dichotomy exists between English Common Law and European (or Roman) Civil Law, a fact which has never been faced. The late Lord Denning likened this legislative force which produced this dichotomy to an "incoming tide" sweeping into our estuaries which would overflow the land. His prescient perception and warning has proven true.

  4.  The First Lord of the Treasury, the Prime Minister, has continued, with parliamentary sanction, to approve the transfer of tens of £ billions of public monies to the European Union (almost £10 billion gross projected for 2008) which organisation for over a decade has failed to pass its audited accounts. The level of financial corruption in the EU is notorious and those of its employees brave enough to expose its fraudulent systems have been subjected to threats, merciless treatment and dismissal.

  5.  In 2003 we took legal action against the Government in the High Court (Geoff Southall and the Democratic Party vs Secretary of State for Foreign Affairs) in respect of the then proposed EU Constitution. The Judges at the first hearing and on Appeal, ruled only that we were "premature" and denied us judicial review, which would have given the whole constitutional issue an opportunity for open debate.

  6.  It is our submission, under advice from our legal team, that Parliamentary Sovereignty on the EU treaties is maintained only by the constitutional doctrine of implied repeal or disqualification of existing great and historic statutes, which form the bulwark of our ancient liberties against dictatorship. These statutes HM The Queen stated constitute "the sure foundation on which the whole edifice of parliamentary democracy rests" (The Queen, 20 July 1988, to both Houses of Parliament, Westminster Hall) and not having been repealed they remain in force. The principle of alleged "loaned" sovereignty has never been fully and widely debated, the concept and knowledge of which has been withheld from the People.

  7.  Under the Reform (or Re-named) Treaty, which other leaders have confirmed is 90/95% the same constitutional document signed by Messrs Blair and Straw in Rome on 29 October 2004, a new constitutional settlement will in time become embedded, to the total submission of our present lawful constitutional settlement established since 1215/1295 and reinforced in 1688.

  8.  With 80% of our laws coming from Brussels, our British Parliament has become over-committed to a deficit of trust with the Electorate, who are largely unaware of the vacuum developing at the heart of our government. The vastly reduced powers of Parliament is we believe sensed by the Electorate in the reduced turn-out at General Elections, which is a highly dangerous prospect for the future. If the people, who themselves remain sovereign, discover that the political investment in the EU Project is bankrupting their democracy, a constitutional crisis of considerable force will certainly emerge.

  9.  It is the declared constitutional position that the trust of the people, or their sovereignty, is returned to them intact every five years. This has not been possible since Royal Assent was given to the Treaty of Rome in October 1972. In this respect, it should be kept constantly in mind that the golden thread of our history is the way we bring down the over-mighty subjects who take it upon themselves to rule our people out of their own head, ie "Be you never so high, the law is above you" (Thomas Fuller).

  10.  Parliament is Sovereign in the name of the People. Yet under Article 4(3) of the Reform Treaty it is stated that "The member states shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives," or Article 8c "National Parliaments shall contribute actively to the good functioning of the Union." The meaning and effect is very clear. A supra-national alien authority is to be set above our own Parliament to subjugate "The Queen-in-Parliament". Even without the word "shall", on both counts those paragraphs sweep away any thought of maintaining Red-lines in the future.

  11.  It should be kept constantly in mind that the People have never been told that their ancient freedoms under Magna Carta, the Declaration of Rights, the Bill of Rights and Habeas Corpus have been and are being unlawfully overruled by short-term politicians. In the event that the People become informed of this betrayal of their trust placed in their representatives, those responsible for the collapse of trust in Parliament and, indeed, in the Judiciary itself, could be held accountable resulting in an indictment of the greatest severity.

  12.  In view of the very serious nature of the unconstitutional Treaty that is to come before Parliament in the new session, revealed in the Gracious Speech today, we are bound to make what follows very clear. We are now in the process of discussing our return to Court, which we intend should become an historic action for the sake of all those who have an Oath of Allegiance to the Monarch and have fought and died for our freedoms in these British Isles. This in order to prevent something far worse in the future—a descent into civil strife.

6 November 2007

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