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Brexit: Experts warn any attempt to bypass law preventing no deal would fail – live news Brexit: Amber Rudd says Boris Johnson's language 'does incite violence' – live news
(32 minutes later)
The former cabinet minister, Amber Rudd, has accused Boris Johnson of inciting violence.
She told the Evening Standard:
The sort of language I’m afraid we’ve seen more and more of coming out from Number 10 does incite violence. It’s the sort of language people think legitimises a more aggressive approach and sometimes violence.
She added that “the casual approach to safety of MPs and their staff is immoral” and said she was “disappointed and stunned” by the prime minister’s comments relating to Jo Cox.
She said Johnson’s rhetoric reminded her of Donald Trump leading chants of “lock her up” against Hillary Clinton.
Rudd resigned the Tory whip in solidarity with the 21 Tories who were expelled from the parliamentary party for voting to stop no-deal Brexit. She told the standard she is considering standing as an independent Conservative.
From PA Media, on John Major’s comments:
Downing Street says it does not “recognise” fears flagged by Sir John Major that Boris Johnson could circumvent the Benn Act.
The former Tory prime minister said an order of council issued by ministers in the privy council could avoid having to comply with a demand by MPs for Brexit to be extended if no deal is in place before 31 October. Asked why ministers such as International Development Secretary Alok Sharma had not been able to rule out the prospect in interviews, the prime minister’s spokesman said:
I’m sure that the fact these comments were going to be made came as a surprise to everyone because it is simply not something that we recognise.
A Number 10 source said:
It is absolute nonsense and (I have) absolutely no idea where he has got it from. Total cobblers. We will not use it [order of council].
You will really have to ask him where he has got these from because it is a mystery to all involved.
Boris Johnson has once again defended the language he has used to describe the legislation aimed at blocking a no-deal Brexit.
Speaking on a visit to Harlow in Essex, he said:
I think the threats against MPs and particularly female MPs are absolutely appalling and we’re doing a lot of work to give MPs the security that they need.
But then there’s another question which is - can you use words like ‘surrender’ to describe a certain act or a certain bill?
And quite frankly I think that you can and if you say that you can’t then you’re kind of impoverishing the language and impoverishing political debate because, after all, the use of that kind of metaphor has been going on for hundreds of years.
More rubbishing from Number 10 of John Major’s claim that Boris Johnson could try to use the privy council to prevent any delay to Brexit in the event that no deal has been agreed.
Senior Downing Street source says Major’s suggestion is “total cobblers”. https://t.co/7mt4vxbmsL
From PA Media:From PA Media:
The court of appeal in Belfast has dismissed an application that the British government’s Brexit policy will damage the Northern Ireland peace process.The court of appeal in Belfast has dismissed an application that the British government’s Brexit policy will damage the Northern Ireland peace process.
Three applicants appealed against a Belfast high court judgment that rejected their challenge against the government’s handling of the Brexit process.Three applicants appealed against a Belfast high court judgment that rejected their challenge against the government’s handling of the Brexit process.
One of the applicants was high-profile victims’ campaigner Raymond McCord, whose son was murdered by loyalist paramilitaries in 1997.One of the applicants was high-profile victims’ campaigner Raymond McCord, whose son was murdered by loyalist paramilitaries in 1997.
It comes after the supreme court unanimously ruled that Prime Minister Boris Johnson acted unlawfully in shutting down parliament for five weeks.It comes after the supreme court unanimously ruled that Prime Minister Boris Johnson acted unlawfully in shutting down parliament for five weeks.
The prime minister’s spokesman is pleading ignorance in relation to John Major’s accusation that Boris Johnson could seek to bypass the Benn Act via the privy council, according to the Mirror.The prime minister’s spokesman is pleading ignorance in relation to John Major’s accusation that Boris Johnson could seek to bypass the Benn Act via the privy council, according to the Mirror.
UPDATE: Boris Johnson's spokesman insists he 'doesn't recognise' John Major's claim about how he could ram through no-deal Brexithttps://t.co/X77RY4Pi6a pic.twitter.com/BDyLBg065wUPDATE: Boris Johnson's spokesman insists he 'doesn't recognise' John Major's claim about how he could ram through no-deal Brexithttps://t.co/X77RY4Pi6a pic.twitter.com/BDyLBg065w
John Major’s speech is not the only development to raise fears about potential attempts to subvert the Benn Act.John Major’s speech is not the only development to raise fears about potential attempts to subvert the Benn Act.
City AM reports that the government believes it is able to circumvent the act requiring it to delay Britain’s departure from the EU in the absence of a withdrawal agreement by (irony alert) invoking EU law.City AM reports that the government believes it is able to circumvent the act requiring it to delay Britain’s departure from the EU in the absence of a withdrawal agreement by (irony alert) invoking EU law.
The article says:The article says:
A closely guarded plan known to a small handful of aides would see the government point to the fact that article 50 rests under EU law, while the Benn Act is enshrined in British law.A closely guarded plan known to a small handful of aides would see the government point to the fact that article 50 rests under EU law, while the Benn Act is enshrined in British law.
“European law usurps British law,” a source told City AM. “That means the article 50 deadline trumps the Benn Act.”“European law usurps British law,” a source told City AM. “That means the article 50 deadline trumps the Benn Act.”
No 10 has repeatedly said it will comply with the law, while simultaneously insisting the UK will leave the EU by Halloween. This plan could see both seemingly contradictory statements come to fruition.No 10 has repeatedly said it will comply with the law, while simultaneously insisting the UK will leave the EU by Halloween. This plan could see both seemingly contradictory statements come to fruition.
One high-ranking Tory MP described the plan as legal, albeit a ‘wheeze’.One high-ranking Tory MP described the plan as legal, albeit a ‘wheeze’.
It should be noted that legal experts have said any attempt to subvert the Benn Act would be unlawful.It should be noted that legal experts have said any attempt to subvert the Benn Act would be unlawful.
The former justice secretary David Gauke has rejected the idea that ministers can use a loophole to bypass a law which forces Boris Johnson to seek a Brexit extension, my colleague Matthew Weaver writes.The former justice secretary David Gauke has rejected the idea that ministers can use a loophole to bypass a law which forces Boris Johnson to seek a Brexit extension, my colleague Matthew Weaver writes.
'Benn Act is watertight': Gauke deems Major's Brexit fears misplaced'Benn Act is watertight': Gauke deems Major's Brexit fears misplaced
Gauke, one of 21 Tory rebels who had the party whip removed for voting for the Benn Act, warned Boris Johnson he would face instant legal challenge if he tried to avoid it.Gauke, one of 21 Tory rebels who had the party whip removed for voting for the Benn Act, warned Boris Johnson he would face instant legal challenge if he tried to avoid it.
He told BBC Radio 4’s Today programme:He told BBC Radio 4’s Today programme:
The Benn Act is watertight. 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 ...The Benn Act is watertight. 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 ...
I don’t know whether it will be me personally, but if it is necessary for it to be challenged, it will be challenged.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.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.
The former Brexit secretary David Davis has weighed into the debate on the language used in parliament, defending Boris Johnson’s description of the legislation aimed at blocking no deal as a “surrender bill”.The former Brexit secretary David Davis has weighed into the debate on the language used in parliament, defending Boris Johnson’s description of the legislation aimed at blocking no deal as a “surrender bill”.
Speaking at a conference in Westminster, Davis said:Speaking at a conference in Westminster, Davis said:
The effect of the Benn bill is to undermine the government. I deplore the abuse received by MPs (from the public), but it should not be used as an argument for suppressing debate.The effect of the Benn bill is to undermine the government. I deplore the abuse received by MPs (from the public), but it should not be used as an argument for suppressing debate.
There are a couple of interesting stories around concerning preparedness for Brexit.There are a couple of interesting stories around concerning preparedness for Brexit.
This, by my colleague Rajeev Syal, says ministers do not know whether there are sufficient medicines, medical supplies or freight capacity to support the NHS if the UK leaves the EU without a deal next month, the National Audit Office has found.This, by my colleague Rajeev Syal, says ministers do not know whether there are sufficient medicines, medical supplies or freight capacity to support the NHS if the UK leaves the EU without a deal next month, the National Audit Office has found.
Ministers still do not know if NHS can cope with no deal, says watchdogMinisters still do not know if NHS can cope with no deal, says watchdog
Meanwhile, Schools Week reports that the the Department for Education has denied the existence of preparation plans for a no-deal Brexit that it claimed existed just two months ago.Meanwhile, Schools Week reports that the the Department for Education has denied the existence of preparation plans for a no-deal Brexit that it claimed existed just two months ago.
Exclusive: Department for Education denies existence of preparation plans for a no-deal Brexit that it claimed existed just two months ago, prompting accusations it 'misled Parliament' https://t.co/4LH2b0lyzeExclusive: Department for Education denies existence of preparation plans for a no-deal Brexit that it claimed existed just two months ago, prompting accusations it 'misled Parliament' https://t.co/4LH2b0lyze
Schools Week reports that when it asked the Education and Skills Funding Agency for details of the “decisive action” it previously said it had taken, the agency told it that while it had “discussed the possible contribution of staff as volunteers to be seconded to other government departments for EU exit preparations, there were no specific plans in place regarding discontinuation of work or the allocation of staff numbers or roles to any particular department”.Schools Week reports that when it asked the Education and Skills Funding Agency for details of the “decisive action” it previously said it had taken, the agency told it that while it had “discussed the possible contribution of staff as volunteers to be seconded to other government departments for EU exit preparations, there were no specific plans in place regarding discontinuation of work or the allocation of staff numbers or roles to any particular department”.
David Allen Green’s comments (see below) dismissing the idea that the government can get round the Benn Act, echo those made by others.David Allen Green’s comments (see below) dismissing the idea that the government can get round the Benn Act, echo those made by others.
They include Jolyon Maugham QC, a leading lawyer in the fight against Boris Johnson’s prorogation of parliament and Mark Elliot, professor of public law at Cambridge University.They include Jolyon Maugham QC, a leading lawyer in the fight against Boris Johnson’s prorogation of parliament and Mark Elliot, professor of public law at Cambridge University.
It is unclear from Sir John Major's speech exactly what may be in contemplation. One possibility would be an Order made under the royal prerogative. But that would plainly be incapable of suspending an Act of Parliament. /3It is unclear from Sir John Major's speech exactly what may be in contemplation. One possibility would be an Order made under the royal prerogative. But that would plainly be incapable of suspending an Act of Parliament. /3
Using the prerogative to suspend an Act of Parliament would also be flatly inconsistent with fundamental constitutional principles, according to which primary legislation enacted by Parliament takes priority over the prerogative. /5Using the prerogative to suspend an Act of Parliament would also be flatly inconsistent with fundamental constitutional principles, according to which primary legislation enacted by Parliament takes priority over the prerogative. /5
The legal commentator David Allen Green has rejected the notion that Boris Johnson could get round the Benn Act via the privy council and says judges would swiftly repudiate any attempt to do so.The legal commentator David Allen Green has rejected the notion that Boris Johnson could get round the Benn Act via the privy council and says judges would swiftly repudiate any attempt to do so.
And any attempt at such tomfoolery can and would be quashed by the High Court on the basic Padfield constitutional principle within a couple of days, if not a few hoursPrinciple so basic it would not need to go to Supreme CourtAnd any attempt at such tomfoolery can and would be quashed by the High Court on the basic Padfield constitutional principle within a couple of days, if not a few hoursPrinciple so basic it would not need to go to Supreme Court
General purpose tweetTo any piece of the form "Has [x] discovered a way round the Benn Act?"The initial answer is "No, Padfield"Only if the piece explains how the 1968 case of Padfield is also sidestepped, then the piece is legally worthless briefed by the legally amateurGeneral purpose tweetTo any piece of the form "Has [x] discovered a way round the Benn Act?"The initial answer is "No, Padfield"Only if the piece explains how the 1968 case of Padfield is also sidestepped, then the piece is legally worthless briefed by the legally amateur
And it is impossible to imagine a situation where an "emergency" powers would allow a government to amend the Benn Act as a direct and proportionate way of mitigating an emergency, but even so, that would need to be put before parliament promptly for approvalAnd it is impossible to imagine a situation where an "emergency" powers would allow a government to amend the Benn Act as a direct and proportionate way of mitigating an emergency, but even so, that would need to be put before parliament promptly for approval
Here is a link to the full text of John Major’s speech warning that Boris Johnson might try to bypass the law preventing no deal.Here is a link to the full text of John Major’s speech warning that Boris Johnson might try to bypass the law preventing no deal.
http://www.johnmajorarchive.org.uk/2015-2/sir-john-majors-speech-at-the-centre-for-european-reform-26-september-2019/http://www.johnmajorarchive.org.uk/2015-2/sir-john-majors-speech-at-the-centre-for-european-reform-26-september-2019/
The international development secretary, Alok Sharma, refused to answer this morning when asked how the government could abide by the Benn Act and yet still leave the European Union on 31 October.The international development secretary, Alok Sharma, refused to answer this morning when asked how the government could abide by the Benn Act and yet still leave the European Union on 31 October.
He told the BBC:He told the BBC:
I’m not going to set out discussions that have occurred in the privacy of cabinet.I’m not going to set out discussions that have occurred in the privacy of cabinet.
We are absolutely going to comply with the law, we are working incredibly hard to get a deal and we will be leaving on 31 October.We are absolutely going to comply with the law, we are working incredibly hard to get a deal and we will be leaving on 31 October.
Does cabinet minister @AlokSharma_RDG know what the government’s plan is if it doesn’t reach a deal at the next EU summit? #r4today https://t.co/Z6l8V2SfxG pic.twitter.com/Dh7iIRR0aKDoes cabinet minister @AlokSharma_RDG know what the government’s plan is if it doesn’t reach a deal at the next EU summit? #r4today https://t.co/Z6l8V2SfxG pic.twitter.com/Dh7iIRR0aK
Sharma also said Johnson was right to label the Benn Act, the “surrender act”.Sharma also said Johnson was right to label the Benn Act, the “surrender act”.
He said:He said:
If you look at the fundamentals of what that bill does, it does surrender our ability to have effective discussions with the European Union and it does surrender our ability to be able to walk away from the table if that is what happens.If you look at the fundamentals of what that bill does, it does surrender our ability to have effective discussions with the European Union and it does surrender our ability to be able to walk away from the table if that is what happens.
We are surrendering our ability to negotiate effectively with the EU. If you were going into a negotiation with both hands tied behind your back, would you not think it somehow a form of capitulation?We are surrendering our ability to negotiate effectively with the EU. If you were going into a negotiation with both hands tied behind your back, would you not think it somehow a form of capitulation?
In his speech, Major also criticised the language being used by Johnson and others. He said:In his speech, Major also criticised the language being used by Johnson and others. He said:
We abhor the language of division and hate - and words such as ‘saboteur’, ‘traitor’, ‘enemy’, ‘surrender’, ‘betrayal’ have no place in our party, our politics, nor in our society.We abhor the language of division and hate - and words such as ‘saboteur’, ‘traitor’, ‘enemy’, ‘surrender’, ‘betrayal’ have no place in our party, our politics, nor in our society.
It is emphatically not who we are as a people. And must never be seen as so.It is emphatically not who we are as a people. And must never be seen as so.
Good morning and welcome to our live coverage of the day’s political news. This is Haroon Siddique standing in for Andrew Sparrow.Good morning and welcome to our live coverage of the day’s political news. This is Haroon Siddique standing in for Andrew Sparrow.
We’re leading today with the news that the former Conservative prime minister John Major has warned that 10 Downing Street’s current incumbent could seek to subvert the Benn Act, which requires the prime minister to seek an extension to the Brexit withdrawal date beyond 31 October if a withdrawal agreement has not been ratified by then.We’re leading today with the news that the former Conservative prime minister John Major has warned that 10 Downing Street’s current incumbent could seek to subvert the Benn Act, which requires the prime minister to seek an extension to the Brexit withdrawal date beyond 31 October if a withdrawal agreement has not been ratified by then.
In a speech to the the Centre for European Reform, Major said he feared Boris Johnson could try – via the privy council – to bypass the Benn Act by suspending it until after 31 October.In a speech to the the Centre for European Reform, Major said he feared Boris Johnson could try – via the privy council – to bypass the Benn Act by suspending it until after 31 October.
He said:He said:
My fear is that the government will seek to bypass statute law, by passing an order of council to suspend the act until after 31 October.My fear is that the government will seek to bypass statute law, by passing an order of council to suspend the act until after 31 October.
It is important to note that an order of council can be passed by privy councillors – that is government ministers – without involving Her Majesty the Queen.It is important to note that an order of council can be passed by privy councillors – that is government ministers – without involving Her Majesty the Queen.
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.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.It would be a piece of political chicanery that no one should ever forgive or forget.
Major also accused Johnson of “wilfully” destroying the prospects of cross-party agreement on Brexit with his Commons onslaught on the opposition.Major also accused Johnson of “wilfully” destroying the prospects of cross-party agreement on Brexit with his Commons onslaught on the opposition.
We’ll be mopping up all the reaction to Major’s speech and covering the other political developments today.We’ll be mopping up all the reaction to Major’s speech and covering the other political developments today.
If you want to get in touch, the best way is to tweet me at @Haroon_Siddique.If you want to get in touch, the best way is to tweet me at @Haroon_Siddique.