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Or, sit in place and simply do nothing. Just because he is legally obligated to do something does not mean it will automatically happen? He might end up in court afterwards, but if the deadline passes and he has not done what he was legally required to do, then what?
by Zwackus on Thu Sep 5th, 2019 at 11:52:19 PM EST
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The Commons Library on the rebel Bill to block a no deal Brexit - The House of Parliament's Magazine

What does the Bill do in relation to an extension?

The (Hilary Benn MP's Private Member's) Bill is not the same as April's Cooper-Letwin Bill. It goes further than that Bill in several key respects.

At first instance, clause 1 of the Bill gives the Government until Saturday 19 October to do either of two things. It could seek and secure the approval of MPs for either:

(a) a withdrawal agreement, or

(b) leaving the European Union without a withdrawal agreement

If by the end of 19 October the House of Commons has done neither of these things, the Prime Minister must then have sought from the European Council an extension of Article 50 for a further four months - until 31 January 2020.

If at any time after 19 October a withdrawal agreement is approved by the Commons, or the Commons decides the UK should leave without a deal, the Prime Minister can withdraw or modify his Article 50 extension request.

The HOC has from October 19 to select a new PM if Boris Johnson has not fulfilled one or the other of the mandates provided in the Benn bill. Nothing is fool proof, but it looks like this bill is about as close as one can get.


"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Fri Sep 6th, 2019 at 12:19:19 AM EST
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What is to stop him obeying the letter of the law, but not the spirit?

Boris: "I am requesting an extension"
EU: "What will you use the extension for"
Boris: <implicitly or explicitly> "Nothing. I am legally compelled to request it, but do not want it. If granted I intend to sit on my hand and do my utmost to squat in 10 Downing street until it expires, all the while railing against the conspiracy of traitors and the EU that is preventing glorious brexit"

by det on Fri Sep 6th, 2019 at 01:18:25 AM EST
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Note the language:"seek and secure".

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Fri Sep 6th, 2019 at 02:16:18 AM EST
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But "secure" is not within Boris's gift to deliver. That is at the discretion of the EU.

 

by det on Fri Sep 6th, 2019 at 07:20:26 AM EST
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True, but if the PM does not 'secure' said assent, the Parliament can replace him with someone who might make a more forthcoming attempt. But, ultimately, the decision WILL rest with the EU.


"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Fri Sep 6th, 2019 at 05:01:41 PM EST
[ Parent ]
secure the approval of MPs for either:

(a) a [sic] withdrawal agreement, or

(b) leaving the European Union without a withdrawal agreement



Diversity is the key to economic and political evolution.
by Cat on Sat Sep 7th, 2019 at 04:13:17 PM EST
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Yes, that is what it says. But what happens if the PM simply does not act according to what the law requires? Usually this is not an issue -- a domestic political action never depends on a timeline that can't just be extended or ignored by the same political body that made that deadline. But in this case, it's an EU deadline which the HoC cannot unilaterally change.

The PM might get into all kinds of trouble and cause all sorts of legal ruckus should he refuse to act in accordance with the law, but that would not change the fact that the EU deadline had passed and no-deal had been secured.

by Zwackus on Fri Sep 6th, 2019 at 04:20:37 AM EST
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That would seem like a perfect opportunity for a formal vote of no confidence, with Corbyn promising to do what Parliament has ordered.

If also we promises a people's vote, he should take a page from NZ's book, and legislate the outcomes. Its easy enough to do, and it gives the public clarity on what they're voting for.

by IdiotSavant on Fri Sep 6th, 2019 at 04:54:02 AM EST
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