Monday 5 August 2019

Shall

I am a quality professional. That means I work in quality, rather than I am actual quality in what I do.

I am also a trained auditor, and we audit to an international standard, ISO 9001. The previous version, the 2008 one, used the word "shall" many times.

We were taught that shall meant will.

So, wherever the standard said "the organisation shall......" it meant the organisation will.

Apparently it can mean either "can" or "must". Confusing,

I mention this as in A50 it says meany things that the EU shall do, and the editor of the right leaning magazine, The Spectator, has taken this to mean, that the EU has to conclude a WA with the UK and a WA that the UK Parliament has to be able to ratify.

Fraser Nelson states:

"The law is clear: the EU is obliged (by its own rules) to offer a deal that Parliament can accept......."

And clarifies this later:

"Let me be very clear: there is a binding legal obligation upon the EU to provide us with what the media call ‘a deal’. Not only shall they negotiate, but they shall “conclude” one."

This is because the A50 states:

"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."

This language is also used in other Articles, including those that relate to Brexit:

Article 218:

"2. The Council shall authorise the opening of negotiations, adopt negotiating directives, authorise the signing of agreements and conclude them."

"3. The Commission … shall submit recommendations to the Council, which shall adopt a decision authorising the opening of negotiations and, depending on the subject of the agreement envisaged, nominating the Union negotiator or the head of the Union’s negotiating team. …"

"5. The Council, on a proposal by the negotiator, shall adopt a decision authorising the signing of the agreement and, if necessary, its provisional application before entry into force."

"6. The Council, on a proposal by the negotiator, shall adopt a decision concluding the agreement."

What Nelson says, in essence, is that the EU must conduct and conclude trade talks to the satisfaction of the other side, rather than the EU.

Which is bollocks, clearly.

But this is what a lot of Leave propaganda is, bollocks. Grade A, 24 carat diamond encrusted bollocks.

But that is why the UK is here, less than three months from another Brexit deadline.

Brexiteers spouting bollocks, and the media lapping it up.

Reality is going to be a killer.

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