It seemed apt that the Daily Prompt today was irksome as, like many others in the UK (and probably the majority), I had been feeling irked by the success of the legal challenge raised against aspects of the process of Brexit. I say irked, as opposed to irate or enraged, as this is a minor, and possibly inevitable and necessary, annoyance.
Why am I not enraged alongside many in the media ? Because this is haggling over minor details and unlikely to do more than cause a minor delay in the triggering of Article 50. Yes, I agree that it is having an adverse effect on the economy by extending the period of doubt and uncertainty – we have seen the effects of this already on the effect on the FTSE. Further, yes, I agree that will weaken Britain’s bargaining hand when they negotiate in Europe – it will be difficult to present a strong and resolute front when the negotiators on the other side of the table know there is so much friction and uncertainty at home.
However, these are small issues compared to the issues of democracy and sovereignty. It was these major issues on which the Brexit campaign was fought and won. I know that many feel that parliament handed authority back to the people when it agreed to a plebiscite. With a referendum the normal mechanics of representative democracy are changed to permit an episode of direct democracy. However, it appears that the wording of the Act was not sufficient to ensure this in law, leaving the referendum with an ‘advisory’ status despite the statements made that its results would be binding. We now need to amend this error. We will do this and then move on. While doing so we should ensure we do not damage our democratic institutions, it was for these that we fought. Any righteous anger that an error was made, or that we were mislead, should be kept in check. We should be careful that we do no win the war and lose the peace.
So, if this is only tidying up a minor legal error, why is it even irritating or irksome ? It is irksome because it was not necessary. No-one was acting with malevolent intention by planning to use the Crown Prerogative (which had been used to usher in much of the EU legislation before – it could have been a delightful irony). The government was not planning anything underhand but rather trying to deliver what it thought it had promised. It is irksome not because of the governments actions but because the actions of those who brought the legal challenge acted in bad faith. They had no desire to fine tune the legal process of Brexit they wished to impede or halt it.
Gina Miller, who raised this challenge (Along with the Orwellian doublespeak group ‘The Peoples’ Challenge’), was a remainer who described herself as “stunned”, “shocked” and “alarmed” by the results of the referendum. She was thus galvanised to to do something about it, to try and subvert the results of the democratic process by legal pettifogging. This subversion will have some negative impacts, but in the greater scale of things their effects will likely be minor. She did not act to protect our sovereignty nor to promote democracy, she, and they, acted to thwart the choice made by the majority of those who voted and to try and stem the transfer of powers back to Westminster. They used the powers we have to keep us weaker but it will be in vain. Once the people have spoken their words can not be unsaid and, after jumping some legal hurdles, Article 50 will be triggered and the process started.
However, if I am wrong, if I have misjudged the situation and predicted wrongly, then I may be using the wrong word by saying it is “irksome”. If, albeit very unlikely, the House of Commons stood in the way of the expressed will of the people then irksome would be the wrong word. Or, if the un-elected House of Lords decided, like suicidal lemmings, to reject the results of the referendum and enforce their greater authority on the people, then irked would not be the appropriate word.
Should frankly anti-democratic steps such as those be taken then much stronger adjectives will be needed. Perhaps furious, enraged or livid might be more appropriate. However, even in the Daily Prompt proffers these words as cues it is unlikely I will see them as I, alongside many others, will not be at our screens but out on the streets.