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High court quashes bid to prosecute Boris Johnson over false referendum claim about cost of EU - live news High court quashes bid to prosecute Boris Johnson over false referendum claim about cost of EU - live news
(32 minutes later)
Here is a Guardian panel on what we can learn from the Peterborough byelection, with contributions from Rafael Behr, Caroline Lucas, Tom Kibasi and Maya Goodfellow.
What can we learn from the Brexit party’s narrow defeat in Peterborough? Our panel responds | Caroline Lucas and others
Here is the statement from the Conservative 1922 Committee confirming that Theresa May has resigned as party leader.
Compass, the leftwing pressure group committed to progressive pluralism, has published an interesting take on the Peterborough byelection claiming it could be the launch of a “regressive alliance”. Here is an extract.
More ominously, [the byelection] tells us that a regressive alliance could be looming. The result will have tipped the balance in the Tory party further to ‘no deal’ and away from traditional one-nation politics in general. Between them, the Tories and the Brexit party got 50% of the vote. If, or probably when, [Boris] Johnson wins the Tory leadership, it’s very easy to imagine a north-south carve up in which the Brexit party gets a free or clear run at Labour leave seats and the Tories are unhindered to take on Labour and the Lib Dems in the south. The message from [Nigel] Farage today is that more Tories should vote tactically and that if you vote Tory then you get [Jeremy] Corbyn. Johnson will say the same about Brexit party voters where the Tories can win. The ground for a regressive alliance is being prepared.
YouGov has released some polling about the Tory leadership candidates, and it is being enthusiastically shared by Rory Stewart’s campaign. On one measure Boris Johnson comes top; there are more people (26%) saying he would make a good prime minister than there are saying any of the other candidates would make a good prime minister. But if you look at the net scores (% saying he would be good minus % saying he would be bad) Stewart comes top.
Unfortunately for Stewart, you cannot read too much into these figures because, when asked about Stewart - indeed, when asked about half the candidates - most votes said they could not say what they would be like as PM because they did not know enough about them. Some 12% said Stewart would be good, 17% said he would be bad, and the rest either were not sure, or did not know enough to have a view.
A source from the Stewart campaign said that these figures, and the way they show Stewart’s ratings going up, prove that the more people see of Stewart, the more they like him, and that he would be “the best candidate to win a general election and reach across the divide”.
The YouGov polling is based in a sample of general voters. But the new leader will be chosen by Conservative members. The fact that Stewart appears to poll well with the public at large, when most of the public at large don’t vote Conservative, may reflect the fact that he is seen as one of the least Tory of the candidates. This would be an advantage if he were leading his party into a general election, but it is not necessarily a bonus in an election decided by Tory activists.
Our latest Conservative leadership contest tracker is out. On the good PM question, Rory Stewart has improved the most, with 12% of Brits now thinking he would make a good PM (although this puts him only 7th overall). Boris Johnson still leads on 26%https://t.co/DBk8ragIEz pic.twitter.com/rQzci28smu
The Board of Deputies of British Jews, the Jewish Leadership Council and the Community Security Trust have issued this joint statement about the election of Lisa Forbes as Labour’s new MP for Peterborough. Their concern is prompted by the revelation before the poll that Forbes for liking a post that said Theresa May had a “Zionist slave masters agenda”. She apologised and said she intended to like a video, not the accompanying text.The Board of Deputies of British Jews, the Jewish Leadership Council and the Community Security Trust have issued this joint statement about the election of Lisa Forbes as Labour’s new MP for Peterborough. Their concern is prompted by the revelation before the poll that Forbes for liking a post that said Theresa May had a “Zionist slave masters agenda”. She apologised and said she intended to like a video, not the accompanying text.
pic.twitter.com/E3TnYSQv66pic.twitter.com/E3TnYSQv66
Theresa May has formally resigned as Conservative party leader, the Telegraph’s Christopher Hope reports. This is what she announced that she would be doing today two weeks ago.Theresa May has formally resigned as Conservative party leader, the Telegraph’s Christopher Hope reports. This is what she announced that she would be doing today two weeks ago.
BREAKING Theresa May has formally resigned as Conservative party leader triggering start of race to succeed her. Letters have been exchanged between Mrs May and the co-vice chairmen of the party's 1922 committee. Full details at the Telegraph's live blog: https://t.co/HMRqpMhbmHBREAKING Theresa May has formally resigned as Conservative party leader triggering start of race to succeed her. Letters have been exchanged between Mrs May and the co-vice chairmen of the party's 1922 committee. Full details at the Telegraph's live blog: https://t.co/HMRqpMhbmH
Neither of the letters will be released. A person who has seen the "private" exchange said that there has "a short and warm exchange" of words between the 1922 vice chairmen and Mrs May.Neither of the letters will be released. A person who has seen the "private" exchange said that there has "a short and warm exchange" of words between the 1922 vice chairmen and Mrs May.
This morning Prof Sir John Curtice, the leading psephologist, said the 30.9% share of the vote that Labour got in Peterborough was the lowest share of the vote by a winning party in a byelection since 1945. (See 10.25am.)This morning Prof Sir John Curtice, the leading psephologist, said the 30.9% share of the vote that Labour got in Peterborough was the lowest share of the vote by a winning party in a byelection since 1945. (See 10.25am.)
But it’s worse than that. According to an analysis by David Cowling, the former head of research at the BBC, this is the lowest share of the vote by a winning party in a byelection since 1918. It is beat the previous record, the 32.4% secured by the Conservatives when they won Bromley in September 1920, he says.But it’s worse than that. According to an analysis by David Cowling, the former head of research at the BBC, this is the lowest share of the vote by a winning party in a byelection since 1918. It is beat the previous record, the 32.4% secured by the Conservatives when they won Bromley in September 1920, he says.
The voting figures for before 1918 are harder to obtain, but Cowling says there was a lower vote share for a winning party in 1909, when Labour won the Sheffield Attercliffe byelection with 27.5% of the vote.The voting figures for before 1918 are harder to obtain, but Cowling says there was a lower vote share for a winning party in 1909, when Labour won the Sheffield Attercliffe byelection with 27.5% of the vote.
The Electoral Reform Society said the result showed why a replacement for first-past-the-post was needed more than ever. In a statement its chief executive, Darren Hughes, said:The Electoral Reform Society said the result showed why a replacement for first-past-the-post was needed more than ever. In a statement its chief executive, Darren Hughes, said:
Just beneath the surface it is clear that we are a multi-party democracy trapped in a two-party system – one which is breaking at the seams, as Britain’s fragmented politics tries to find a place under an outdated one-person-takes-all voting system.Just beneath the surface it is clear that we are a multi-party democracy trapped in a two-party system – one which is breaking at the seams, as Britain’s fragmented politics tries to find a place under an outdated one-person-takes-all voting system.
As we have long made clear, no one should be able to take 100% of local representation with just 30.9% of the vote, and there are fundamental questions about the state of our democratic processesAs we have long made clear, no one should be able to take 100% of local representation with just 30.9% of the vote, and there are fundamental questions about the state of our democratic processes
Much like the situation in hundreds of seats across the UK, nearly 70% of people voted for someone else, yet will feel totally unrepresented. This erodes confidence in our politics and leaves voters feeling unheard.Much like the situation in hundreds of seats across the UK, nearly 70% of people voted for someone else, yet will feel totally unrepresented. This erodes confidence in our politics and leaves voters feeling unheard.
Now more than ever we need a fair and proportional voting system in Westminster, for a parliament that represents the views of the people it serves. Only through genuine reform can we begin to restore faith in our broken politics.Now more than ever we need a fair and proportional voting system in Westminster, for a parliament that represents the views of the people it serves. Only through genuine reform can we begin to restore faith in our broken politics.
Michael Gove, the environment secretary, has received an interesting endorsement today. It is from Oliver Letwin, the former Cabinet Office minister.Michael Gove, the environment secretary, has received an interesting endorsement today. It is from Oliver Letwin, the former Cabinet Office minister.
Supporting @michaelgove as the candidate who provides the highest chance of exiting the EU with a sensible deal - and as an able administrator who has achieved great things for education, justice and the environment.Supporting @michaelgove as the candidate who provides the highest chance of exiting the EU with a sensible deal - and as an able administrator who has achieved great things for education, justice and the environment.
Letwin was one of the MPs leading efforts in parliament to prevent a no-deal Brexit in the spring (a campaign that led to Yvette Cooper’s bill being passed), and his decision to back Gove may reflect the belief that Gove is the candidate best placed to stop the leadership being won by Boris Johnson, someone willing to accept no-deal.Letwin was one of the MPs leading efforts in parliament to prevent a no-deal Brexit in the spring (a campaign that led to Yvette Cooper’s bill being passed), and his decision to back Gove may reflect the belief that Gove is the candidate best placed to stop the leadership being won by Boris Johnson, someone willing to accept no-deal.
The high court has not given its reasons yet for its decision to quash the Boris Johnson prosecution. But this, from the barrister and legal blogger Matthew Scott, may help to explain why the court took the decision it did.The high court has not given its reasons yet for its decision to quash the Boris Johnson prosecution. But this, from the barrister and legal blogger Matthew Scott, may help to explain why the court took the decision it did.
The Court's judgment stopping the #BorisJohnson prosecution hasn't been published yet, but this (from last year) is why I thought Mr Ball's case was an ill-conceived publicity stunt. https://t.co/JR8E9MIArB pic.twitter.com/H8OuY7g4uiThe Court's judgment stopping the #BorisJohnson prosecution hasn't been published yet, but this (from last year) is why I thought Mr Ball's case was an ill-conceived publicity stunt. https://t.co/JR8E9MIArB pic.twitter.com/H8OuY7g4ui
This is from Andrew Smith, a partner at the law firm Corker Binning, commenting on the Boris Johnson decision. He said:This is from Andrew Smith, a partner at the law firm Corker Binning, commenting on the Boris Johnson decision. He said:
If the high court hadn’t quashed the summons, the CPS would surely have intervened to discontinue it for public interest reasons. Legally, there is no election-specific statutory offence of providing false or misleading information, except in relation to a candidate’s character or conduct. Marcus Ball therefore had to rely on misconduct in public office, an ill-defined common law offence, much criticised by law reform bodies such as the law commission. The high court was clearly not satisfied that the district judge had applied this law correctly – and frankly to prosecute a politician for making allegedly false or misleading claims during a political campaign would have been not only legally remarkable but without precedent.If the high court hadn’t quashed the summons, the CPS would surely have intervened to discontinue it for public interest reasons. Legally, there is no election-specific statutory offence of providing false or misleading information, except in relation to a candidate’s character or conduct. Marcus Ball therefore had to rely on misconduct in public office, an ill-defined common law offence, much criticised by law reform bodies such as the law commission. The high court was clearly not satisfied that the district judge had applied this law correctly – and frankly to prosecute a politician for making allegedly false or misleading claims during a political campaign would have been not only legally remarkable but without precedent.
Here is the text of the decision (pdf) issued by District Judge Margot Coleman last week explaining why she was allowing the private prosecution of Boris Johnson to go ahead. Today her decision has been overturned, and the summons against Johnson has been quashed.Here is the text of the decision (pdf) issued by District Judge Margot Coleman last week explaining why she was allowing the private prosecution of Boris Johnson to go ahead. Today her decision has been overturned, and the summons against Johnson has been quashed.
This is from the Press Association on the Boris Johnson case.This is from the Press Association on the Boris Johnson case.
Boris Johnson will not face a criminal prosecution over claims he made during the referendum campaign about the UK sending 350 million a week to the EU after winning a high court challenge.Boris Johnson will not face a criminal prosecution over claims he made during the referendum campaign about the UK sending 350 million a week to the EU after winning a high court challenge.
The former foreign secretary was handed a summons, issued by District Judge Margot Coleman on May 29, to attend Westminster magistrates’ court to face three allegations of misconduct in public office.The former foreign secretary was handed a summons, issued by District Judge Margot Coleman on May 29, to attend Westminster magistrates’ court to face three allegations of misconduct in public office.
But, following a hearing in London on Friday, Lady Justice Rafferty and Mr Justice Supperstone overturned the earlier decision.But, following a hearing in London on Friday, Lady Justice Rafferty and Mr Justice Supperstone overturned the earlier decision.
Addressing Johnson’s barrister, Adrian Darbishire QC, Lady Justice Rafferty said: “We are persuaded, Mr Darbishire, so you succeed, and the relief that we grant is the quashing of the summonses.”Addressing Johnson’s barrister, Adrian Darbishire QC, Lady Justice Rafferty said: “We are persuaded, Mr Darbishire, so you succeed, and the relief that we grant is the quashing of the summonses.”
The judge said reasons for the court’s ruling will be given at a later date.The judge said reasons for the court’s ruling will be given at a later date.
Launching a private prosecution Marcus Ball, 29, claimed Johnson lied during the 2016 referendum campaign by saying Britain gave £350m a week to the European Union.Launching a private prosecution Marcus Ball, 29, claimed Johnson lied during the 2016 referendum campaign by saying Britain gave £350m a week to the European Union.
He crowdfunded more than £300,000 through an online campaign to bring the prosecution.He crowdfunded more than £300,000 through an online campaign to bring the prosecution.
The £350m figure was emblazoned on the red campaign bus used by Vote Leave during the referendum, with the slogan saying “We send the EU £350m a week, let’s fund our NHS instead”.The £350m figure was emblazoned on the red campaign bus used by Vote Leave during the referendum, with the slogan saying “We send the EU £350m a week, let’s fund our NHS instead”.
Darbishire argued that the attempt to prosecute Johnson was “politically motivated and vexatious”.Darbishire argued that the attempt to prosecute Johnson was “politically motivated and vexatious”.
Johnson, who is currently the front runner in the Conservative party leadership contest, did not have to appear and did not attend the high court hearing.Johnson, who is currently the front runner in the Conservative party leadership contest, did not have to appear and did not attend the high court hearing.
And here are some tweets from Joshua Rozenberg with the arguments put to the high court this morning in favour of the case against Boris Johnson being allowed to go ahead.And here are some tweets from Joshua Rozenberg with the arguments put to the high court this morning in favour of the case against Boris Johnson being allowed to go ahead.
Jason Coppel QC, for Marcus Ball and Brexit Justice Ltd, tells High Court that right of a private prosecutor to right what he sees as a wrong by applying for summons is long established.Jason Coppel QC, for Marcus Ball and Brexit Justice Ltd, tells High Court that right of a private prosecutor to right what he sees as a wrong by applying for summons is long established.
Coppel QC: no public law error in the judge’s decision has been demonstrated. Supperstone J: it’s claimed that she erred as a matter of law and that’s a conventional public law challenge. Coppel: but Darbishire’s objection is to the substantive conclusion, not the process.Coppel QC: no public law error in the judge’s decision has been demonstrated. Supperstone J: it’s claimed that she erred as a matter of law and that’s a conventional public law challenge. Coppel: but Darbishire’s objection is to the substantive conclusion, not the process.
Coppel QC: it is incumbent upon [Johnson] to establish that district judge acted irrationally in deciding that low threshold for issuance of a summons was satisfied in this case. He does not come close to doing so. DJ’s decision was rationally open to her in public law terms.Coppel QC: it is incumbent upon [Johnson] to establish that district judge acted irrationally in deciding that low threshold for issuance of a summons was satisfied in this case. He does not come close to doing so. DJ’s decision was rationally open to her in public law terms.
The DJ is the district judge.The DJ is the district judge.
Rafferty LJ questioning Coppel QC on the nature of Boris Johnson’s public duties. He replies: not to make apparently factual statements which are known to be false. Rafferty LJ: how do you get to that? [meaning, how do you establish that duty?]. He cites judgment from New S WalesRafferty LJ questioning Coppel QC on the nature of Boris Johnson’s public duties. He replies: not to make apparently factual statements which are known to be false. Rafferty LJ: how do you get to that? [meaning, how do you establish that duty?]. He cites judgment from New S Wales
Supperstone J: did the district judge acknowledge that there was no precedent and she was extending the scope of misconduct in a public office? Coppel QC: no, but it was not her job to decide whether an offence had been committed. Rafferty LJ: shall we move on to your next point?Supperstone J: did the district judge acknowledge that there was no precedent and she was extending the scope of misconduct in a public office? Coppel QC: no, but it was not her job to decide whether an offence had been committed. Rafferty LJ: shall we move on to your next point?
If you are interested in the Boris Johnson hearing, the legal journalist Joshua Rozenberg has been tweeting from the court proceedings. You can read his tweets here.If you are interested in the Boris Johnson hearing, the legal journalist Joshua Rozenberg has been tweeting from the court proceedings. You can read his tweets here.
Here are some of his key tweets.Here are some of his key tweets.
Adrian Darbyshire QC for Boris Johnson tells High Court that the private prosecution by Marcus Ball was politcally motivated and so vexatious. He says the district judge who issued a summons against the MP erred in law and applied the wrong legal test. He wants summons quashed.Adrian Darbyshire QC for Boris Johnson tells High Court that the private prosecution by Marcus Ball was politcally motivated and so vexatious. He says the district judge who issued a summons against the MP erred in law and applied the wrong legal test. He wants summons quashed.
Darbyshire QC for Boris Johnson: the proper territory of the offence is serious misconduct in the discharge of a public office and not poor conduct by someone who is a public official (even when takes place on a public stage) — not about poor behaviour but abuse of official powerDarbyshire QC for Boris Johnson: the proper territory of the offence is serious misconduct in the discharge of a public office and not poor conduct by someone who is a public official (even when takes place on a public stage) — not about poor behaviour but abuse of official power
Darbyshire MP: misuse of an MP’s exclusive powers may constitute the offence. In contrast, an MP on the hustings exercises no official power over his audience; he is in that respect in the same position as the would-be MP standing next to him.Darbyshire MP: misuse of an MP’s exclusive powers may constitute the offence. In contrast, an MP on the hustings exercises no official power over his audience; he is in that respect in the same position as the would-be MP standing next to him.
Darbyshire QC: The problem of false statements being made in the course of political campaigning is not new and has not been overlooked by parliament. But parliament specifically chose not to do what the [private prosecutor] now seeks to achieveDarbyshire QC: The problem of false statements being made in the course of political campaigning is not new and has not been overlooked by parliament. But parliament specifically chose not to do what the [private prosecutor] now seeks to achieve
Apologies to Adrian Darbishire QC (and to readers) for misspelling his name on earlier tweets. Will teach it to my spellcheck.Apologies to Adrian Darbishire QC (and to readers) for misspelling his name on earlier tweets. Will teach it to my spellcheck.
Darbishire QC: It is abundantly clear that this prosecution is motivated by a political objective and has been throughout. It is now said that, whatever Mr Ball’s motives were at the start of this process, they are at present somewhat different. That is untenable.Darbishire QC: It is abundantly clear that this prosecution is motivated by a political objective and has been throughout. It is now said that, whatever Mr Ball’s motives were at the start of this process, they are at present somewhat different. That is untenable.
Darbishire QC concludes his argument applying for judicial review. He asks court to quash decision of district judge to issue summonses; and to declare that the prosecutor’s application did not disclose all elements of the offence of misconduct in public office and is vexatious.Darbishire QC concludes his argument applying for judicial review. He asks court to quash decision of district judge to issue summonses; and to declare that the prosecutor’s application did not disclose all elements of the offence of misconduct in public office and is vexatious.
The high court has today quashed the private prosecution against Boris Johnson, the former foreign secretary and favourite in the Tory leadership contest, that was being brought on the grounds that Johnson allegedly committed misconduct in public office by lying in the 2016 referendum about Britain giving £350m a week to the European Union, Joshua Rozenberg reports.The high court has today quashed the private prosecution against Boris Johnson, the former foreign secretary and favourite in the Tory leadership contest, that was being brought on the grounds that Johnson allegedly committed misconduct in public office by lying in the 2016 referendum about Britain giving £350m a week to the European Union, Joshua Rozenberg reports.
Summonses against Boris Johnson quashed. Reasons to follow.Summonses against Boris Johnson quashed. Reasons to follow.
Court confirms that it is quashing the decision of the district judge, on the assumption that the summonses have not yet been issued. Either way, the case is over. Court thanks both counsel for speedy submissions.Court confirms that it is quashing the decision of the district judge, on the assumption that the summonses have not yet been issued. Either way, the case is over. Court thanks both counsel for speedy submissions.
The Jewish Labour Movement has issued a statement this morning saying Lisa Forbes, the party’s new MPs for Peterborough, should have the whip withdrawn.The Jewish Labour Movement has issued a statement this morning saying Lisa Forbes, the party’s new MPs for Peterborough, should have the whip withdrawn.
JLM's statement on the result of the Peterborough by-election. pic.twitter.com/zEpYc2XAy4JLM's statement on the result of the Peterborough by-election. pic.twitter.com/zEpYc2XAy4
And here are some more tweets on the Peterborough results.And here are some more tweets on the Peterborough results.
From the Press Association’s Ian JonesFrom the Press Association’s Ian Jones
Peterborough was another good result for the smaller parties. pic.twitter.com/e5J3ges6WoPeterborough was another good result for the smaller parties. pic.twitter.com/e5J3ges6Wo
Labour hasn't improved its share of the vote in any fully contested by-election since the referendum.(Batley & Spen excepted - where none of the other parties stood) pic.twitter.com/IBhvsdMFwcLabour hasn't improved its share of the vote in any fully contested by-election since the referendum.(Batley & Spen excepted - where none of the other parties stood) pic.twitter.com/IBhvsdMFwc
From YouGov’s Chris CurtisFrom YouGov’s Chris Curtis
Feels like this is a failure of expectation management rather than an actual failure for the Brexit party.To come a very close 2nd with nearly 30% of the vote, considering they didn't exist at the start of the year, is really quite incredible.Feels like this is a failure of expectation management rather than an actual failure for the Brexit party.To come a very close 2nd with nearly 30% of the vote, considering they didn't exist at the start of the year, is really quite incredible.
Labour has lost over 1/3 of its vote share since 2017.Tories have lost over 1/2 of its vote share since 2017.That is quite something, even if Labour did manage to (just) top the ballot.Labour has lost over 1/3 of its vote share since 2017.Tories have lost over 1/2 of its vote share since 2017.That is quite something, even if Labour did manage to (just) top the ballot.
Labour has lost over 1/3 of its vote share since 2017.Tories have lost over 1/2 of its vote share since 2017.That is quite something, even if Labour did manage to (just) top the ballot.Labour has lost over 1/3 of its vote share since 2017.Tories have lost over 1/2 of its vote share since 2017.That is quite something, even if Labour did manage to (just) top the ballot.
From the politics professor Rob FordFrom the politics professor Rob Ford
Completely agree, however losing Peterborough makes it harder for BXP to convince voters they are credible election winning force, so therefore harder for them to hold on to current vote shares. They’ve not broken the FPP Tinkerbell spell yet https://t.co/01C98Z1pDYCompletely agree, however losing Peterborough makes it harder for BXP to convince voters they are credible election winning force, so therefore harder for them to hold on to current vote shares. They’ve not broken the FPP Tinkerbell spell yet https://t.co/01C98Z1pDY