Discussion:
How the opposition's new Act of Parliament aims to bind Boris
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James Hammerton
2019-09-10 22:23:53 UTC
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Dominic Grieve wrote
(https://www.theguardian.com/commentisfree/2019/sep/07/parliament-duty-to-resist-boris-johnson-dangerous-no-deal-brexit-strategy):

"Unless a new withdrawal agreement materialises at the EU summit
ending on 18 October, the government must apply for the extension the
next day. If necessary, a court order can be applied for to require
the prime minister to do so. At that point, if he refused he would be
in contempt of court and could be sent to prison."

This is not quite correct.

MPs must also approve the agreement.

There is also the alternative scenario where if MPs voted to endorse
leaving without a deal on the 31st, Boris would also not need to seek
the extension, due section 1 (2) (details of the Bill that was passed
here:
https://publications.parliament.uk/pa/bills/lbill/2017-2019/0202/lbill_2017-20190202_en_2.htm).

However it seems to me most unlikely that either a new agreement will be
agreed or that leaving without a deal will be endorsed by the present
Parliament. We will then find the PM apparently required to send the
letter seeking an extension no later than the 19th October.

There are 9 working days between the 19th and 31st October, so if Boris
were to resign rather than send the letter, that would open the way for
a new PM to be appointed in that time who could then send the letter.

The main obstacle to that would be the opposition parties agreeing on
who the new PM should be.

What if Boris refused to send the letter? I presume that if, as Grieve
claims, a court order was issued and Boris defied it and he was then
imprisoned, he'd also be sacked as PM and thus this would pave the way
for a new PM, but would the new PM be obliged to send the letter?

Is it likely the court would refuse the court order? If so, on what grounds?

Is there anything Boris can do to avoid even having to risk Grieve's
scenario playing out whilst remaining PM and taking the country out of
the EU without a deal?

Regards,

James
MM
2019-09-11 08:49:08 UTC
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On Tue, 10 Sep 2019 23:23:53 +0100, James Hammerton
Post by James Hammerton
"Unless a new withdrawal agreement materialises at the EU summit
ending on 18 October, the government must apply for the extension the
next day. If necessary, a court order can be applied for to require
the prime minister to do so. At that point, if he refused he would be
in contempt of court and could be sent to prison."
This is not quite correct.
MPs must also approve the agreement.
There is also the alternative scenario where if MPs voted to endorse
leaving without a deal on the 31st, Boris would also not need to seek
the extension, due section 1 (2) (details of the Bill that was passed
https://publications.parliament.uk/pa/bills/lbill/2017-2019/0202/lbill_2017-20190202_en_2.htm).
However it seems to me most unlikely that either a new agreement will be
agreed or that leaving without a deal will be endorsed by the present
Parliament. We will then find the PM apparently required to send the
letter seeking an extension no later than the 19th October.
There are 9 working days between the 19th and 31st October, so if Boris
were to resign rather than send the letter, that would open the way for
a new PM to be appointed in that time who could then send the letter.
The main obstacle to that would be the opposition parties agreeing on
who the new PM should be.
What if Boris refused to send the letter? I presume that if, as Grieve
claims, a court order was issued and Boris defied it and he was then
imprisoned, he'd also be sacked as PM and thus this would pave the way
for a new PM, but would the new PM be obliged to send the letter?
Is it likely the court would refuse the court order? If so, on what grounds?
Is there anything Boris can do to avoid even having to risk Grieve's
scenario playing out whilst remaining PM and taking the country out of
the EU without a deal?
Well, Johnson could resign. Or he could revoke.

MM
Roger
2019-09-11 09:24:38 UTC
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Post by James Hammerton
for a new PM, but would the new PM be obliged to send the letter?
The Bill states PM.

However if Boris resigns along with his cabinet that could force MP's to do their own bidding.

Nobody wants to delay Brexit, they want it to appear to be somebody elses's fault.

In that case, we could not exclude that when MP's are put in the hot seat they introduce a new bill.....

Despite all the pathetic cries of 'Coup' and 'Dictator', it only took a few days to get the Benn Bill through parliament. there are a lot more between the opening of parliament and the 31st.

So anything could happen.
abelard
2019-09-11 10:18:38 UTC
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Post by Roger
Post by James Hammerton
for a new PM, but would the new PM be obliged to send the letter?
The Bill states PM.
However if Boris resigns along with his cabinet that could force MP's to do their own bidding.
Nobody wants to delay Brexit
their real intent is to stop it...the rest is circus tricks
Post by Roger
, they want it to appear to be somebody elses's fault.
In that case, we could not exclude that when MP's are put in the hot seat they introduce a new bill.....
Despite all the pathetic cries of 'Coup' and 'Dictator', it only took a few days to get the Benn Bill through parliament. there are a lot more between the opening of parliament and the 31st.
So anything could happen.
--
www.abelard.org
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