On Saturday, 9 March, 2019, the barrister David Wolchover and Professor Joshua Silver, Oxford University Professor of Physics, laid a joint information by way of an application to the City of Westminster Magistrates’ Court for the issuing of a summons against the Prime Minister, Mrs Theresa May, alleging the Common law offence of Misconduct in Public Office.
Senior Government Ministers are Breaking the Law for BREXIT
Theresa May, David Davis and others have deceived Parliament and the public by paving the road to Article 50 with lies and in defiance of the rule of law
Are you outraged at what your elected officials are doing to your country?
If so you are not alone
Misconduct in Public Office is a crime
The facts speak for themselves and are backed by authoritative legal opinion
- The Supreme Court ruled that the advisory EU Referendum could not make the decision to leave the European Union. That decision would need an Act of Parliament. The ruling trumped months of rhetoric by the Government that the people would decide in the Referendum whether to leave or remain.
- The Notice of Withdrawal Bill was then presented in response to the Supreme Court’s ruling. However, it failed to include the one thing the Supreme Court said it needed – a withdrawal decision. Instead it focused on the mechanism for notification of a decision, which Article 50 tells us is only relevant once there is a formal withdrawal decision to notify.
- In introducing the Bill to Parliament, Government ministers defied the Supreme Court’s ruling and falsely claimed that the Referendum had made the withdrawal decision. Given the simplicity of the ruling and ministers’ ready access to an army of Government lawyers, it’s impossible they were in any doubt that their claims were untrue, so we know they lied knowingly.
- Critically though, the lie changed the course of the Parliamentary process that passed the Bill into the Act. The false claim that the decision was already made precluded Parliamentary debate about the Referendum result. To date, Parliament has not debated the Referendum result.
- Neither the Referendum result nor the Notice of Withdrawal Act provided the constitutionally required decision to leave. Nevertheless, the Government pressed on and purported to trigger Article 50, in defiance of the Supreme Court’s ruling that a decision to leave requires an Act of Parliament.
Senior Government ministers have lied recklessly and knowingly to the public and Parliament, acting outside the law and in defiance of the Supreme Court. This is not “just politics,” this is misconduct. They are acting with hubris, and with a sense of entitlement beyond the powers of their office.
It’s Parliament’s role to check and challenge the Government, but the politics of Brexit are preventing Parliament from executing that role effectively. That means we the people are the watchdogs. Nobody is going to do it for us.
David Wolchover is a London barrister who has written extensively and authoritatively on the subject of this Misconduct in Public Office. See our Case for Misconduct page for a summary of the fundamental claims of Wolchover’s case, or check our Links page for his articles on the subject.
Ministers have put party ahead of country
These crimes must not go unchallenged
It is your civic duty to tell the police when you think a crime was committed