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You can find the current article at its original source at https://www.theguardian.com/politics/2019/sep/27/benn-act-is-watertight-gauke-deems-majors-brexit-fears-misplaced
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| No 10 dismisses John Major's fears it could circumvent Benn act | |
| (10 days later) | |
| Boris Johnson’s spokesman has insisted the government does not recognise a plan that Sir John Major warned could be used to circumvent the Benn act, which is aimed at forcing the prime minister to seek a Brexit extension. | |
| Asked why the development secretary, Alok Sharma, had not explicitly ruled out the possibility in earlier media interviews, the spokesman said: “I am sure that the fact that these comments were going to be made was a surprise to everyone, because it’s simply not something we recognise.” | Asked why the development secretary, Alok Sharma, had not explicitly ruled out the possibility in earlier media interviews, the spokesman said: “I am sure that the fact that these comments were going to be made was a surprise to everyone, because it’s simply not something we recognise.” |
| Brexit: Amber Rudd says Boris Johnson's language 'does incite violence' – live news | Brexit: Amber Rudd says Boris Johnson's language 'does incite violence' – live news |
| Privately, government sources said Major’s perceived plan, which the former prime minister mentioned in a fiercely critical speech on Thursday night, was “complete nonsense”. | Privately, government sources said Major’s perceived plan, which the former prime minister mentioned in a fiercely critical speech on Thursday night, was “complete nonsense”. |
| The prime minister’s spokesman refused to comment on other ways the government might skirt the requirements of the Benn law, simply repeating the formula: “We will comply with the law, but we are leaving on 31 October.” | The prime minister’s spokesman refused to comment on other ways the government might skirt the requirements of the Benn law, simply repeating the formula: “We will comply with the law, but we are leaving on 31 October.” |
| Johnson’s spokesman was also challenged about a series of comments by his most senior adviser, Dominic Cummings, on Thursday, including the idea the the current furore over Brexit was “a walk in the park” compared with the 2016 referendum. | Johnson’s spokesman was also challenged about a series of comments by his most senior adviser, Dominic Cummings, on Thursday, including the idea the the current furore over Brexit was “a walk in the park” compared with the 2016 referendum. |
| He said: “I think he was comparing two different events. Look, in terms of Brexit, we have been making progress, but there is a significant amount of work still to do, and the PM is focusing on getting a deal, ahead of the European council summit.” He added: “Advisers advise, but the PM decides.” | He said: “I think he was comparing two different events. Look, in terms of Brexit, we have been making progress, but there is a significant amount of work still to do, and the PM is focusing on getting a deal, ahead of the European council summit.” He added: “Advisers advise, but the PM decides.” |
| Earlier, the former justice secretary David Gauke insisted ministers could not bypass the Benn law. | Earlier, the former justice secretary David Gauke insisted ministers could not bypass the Benn law. |
| Gauke, one of 21 Tory rebels who had the party whip removed for voting for the Benn act, warned Johnson he would face an instant legal challenge if he tried to avoid it. The act forces the prime minister to seek a three-month Brexit extension if he is unable to get a withdrawal deal by 19 October. | |
| In the first vote Johnson faces as prime minister, 21 rebel Tory MPs vote with the opposition to seize control of the order paper to allow a debate on a bill that would block a no-deal Brexit. | In the first vote Johnson faces as prime minister, 21 rebel Tory MPs vote with the opposition to seize control of the order paper to allow a debate on a bill that would block a no-deal Brexit. |
| Against Johnson's wishes, the Commons passes by 329 votes to 300 the second reading of the European Union (withdrawal) (No 6) bill proposed by Hilary Benn. | Against Johnson's wishes, the Commons passes by 329 votes to 300 the second reading of the European Union (withdrawal) (No 6) bill proposed by Hilary Benn. |
| Later the same day the Benn bill passes the third and final reading needed to become law, this time by 327 to 299 votes. | Later the same day the Benn bill passes the third and final reading needed to become law, this time by 327 to 299 votes. |
| Johnson responds by attempting to force an early general election. The 298 MPs who support him are short of the two-thirds majority required by the Fixed-term Parliaments Act, making it a third defeat in a single day for the government. | Johnson responds by attempting to force an early general election. The 298 MPs who support him are short of the two-thirds majority required by the Fixed-term Parliaments Act, making it a third defeat in a single day for the government. |
| Dominic Grieve's bid to force the government to release documents related to the Operation Yellowhammer no-deal planning and on the decision to prorogue parliament defeats Johnson by 311 to 302. | Dominic Grieve's bid to force the government to release documents related to the Operation Yellowhammer no-deal planning and on the decision to prorogue parliament defeats Johnson by 311 to 302. |
| Johnson's second call for an early general election is supported by 293 MPs, still short of the two-thirds majority required. Parliament is prorogued and MPs briefly occupy the chamber after the session is closed. | Johnson's second call for an early general election is supported by 293 MPs, still short of the two-thirds majority required. Parliament is prorogued and MPs briefly occupy the chamber after the session is closed. |
| The supreme court rules that Johnson's closure of parliament was unlawful and that MPs must return. | The supreme court rules that Johnson's closure of parliament was unlawful and that MPs must return. |
| In the first vote in the reconvened House of Commons, MPs vote by 306 to 289 against a three-day recess to allow Conservative MPs to attend their party conference. | In the first vote in the reconvened House of Commons, MPs vote by 306 to 289 against a three-day recess to allow Conservative MPs to attend their party conference. |
| “The Benn act is watertight,” Gauke told BBC Radio 4’s Today programme. “The overwhelming legal consensus is that the courts will declare that the Benn act is effective, and the government will be forced to comply with it.” | |
| Asked whether he would challenge any government attempt to bypass the act, Gauke said: “I don’t know whether it will be me personally, but if it is necessary for it to be challenged, it will be challenged. And there is time from the 19 October and the 31 October, to go to the courts and ensure that the law is properly applied.” | Asked whether he would challenge any government attempt to bypass the act, Gauke said: “I don’t know whether it will be me personally, but if it is necessary for it to be challenged, it will be challenged. And there is time from the 19 October and the 31 October, to go to the courts and ensure that the law is properly applied.” |
| How has Brexit vote affected the UK economy? September verdict | How has Brexit vote affected the UK economy? September verdict |
| Major had said he feared the government would try to bypass the act through an order of council. “It is important to note that an order of council can be passed by privy councillors – that is government ministers – without involving HM the Queen,” he told the Centre for European Reform thinktank. | Major had said he feared the government would try to bypass the act through an order of council. “It is important to note that an order of council can be passed by privy councillors – that is government ministers – without involving HM the Queen,” he told the Centre for European Reform thinktank. |
| He added: “I should warn the prime minister that – if this route is taken – it will be in flagrant defiance of parliament and utterly disrespectful to the supreme court. It would be a piece of political chicanery that no one should ever forgive or forget.” | He added: “I should warn the prime minister that – if this route is taken – it will be in flagrant defiance of parliament and utterly disrespectful to the supreme court. It would be a piece of political chicanery that no one should ever forgive or forget.” |
| Prof Mark Elliott, the deputy chair of law at the University of Cambridge, said using the royal prerogative in this way would flout the 1688 bill of rights. He told Today: “Any suggestion that the prerogative could be used for this purpose is entirely without foundation, and would be directly contrary to the basic principle of parliament’s sovereignty.” | Prof Mark Elliott, the deputy chair of law at the University of Cambridge, said using the royal prerogative in this way would flout the 1688 bill of rights. He told Today: “Any suggestion that the prerogative could be used for this purpose is entirely without foundation, and would be directly contrary to the basic principle of parliament’s sovereignty.” |
| Attempting to use the prerogative to suspend an Act of Parliament would amount to an assertion of a dispensing power - a power that is explicitly denied by the Bill of Rights. /4 | Attempting to use the prerogative to suspend an Act of Parliament would amount to an assertion of a dispensing power - a power that is explicitly denied by the Bill of Rights. /4 |
| Elliott also said the government had no grounds for invoking emergency legislation to bypass the Benn act, amid concerns that ministers were preparing the ground, citing fears of civil unrest. | |
| A cabinet minister told the Times there was a risk of a “violent popular uprising” if a second referendum overturned the result of the first. | A cabinet minister told the Times there was a risk of a “violent popular uprising” if a second referendum overturned the result of the first. |
| Elliott told Today that the Civil Contingencies Act was not “a sound legal foundation for what seems to be planned”. He explained why in a series of tweets. | Elliott told Today that the Civil Contingencies Act was not “a sound legal foundation for what seems to be planned”. He explained why in a series of tweets. |
| Ministerial assertion that there may be civil unrest if Brexit isn't delivered comes nowhere close to triggering powers under Civil Contingencies Act. Nor is it at all clear that, if there were civil unrest, suspending Benn Act would be necessary & proportionate (as CCA requires) https://t.co/meajk5Dcf5 pic.twitter.com/or2gzWXa6M | Ministerial assertion that there may be civil unrest if Brexit isn't delivered comes nowhere close to triggering powers under Civil Contingencies Act. Nor is it at all clear that, if there were civil unrest, suspending Benn Act would be necessary & proportionate (as CCA requires) https://t.co/meajk5Dcf5 pic.twitter.com/or2gzWXa6M |
| In response to warnings about possible civil unrest, David Lammy, the Labour MP for Tottenham, which was the scene of riots in 2011, said: “Threats can never be used to get your own way.” | In response to warnings about possible civil unrest, David Lammy, the Labour MP for Tottenham, which was the scene of riots in 2011, said: “Threats can never be used to get your own way.” |
| I've seen the terror, chaos and pain of riots up close. This is intimidation by the government. It's crass, cheap and dangerous. Threats can never be used to get your own way. pic.twitter.com/L8KoBUbQ9j | I've seen the terror, chaos and pain of riots up close. This is intimidation by the government. It's crass, cheap and dangerous. Threats can never be used to get your own way. pic.twitter.com/L8KoBUbQ9j |
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