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John Major's Encore

by ARGeezer Fri Sep 27th, 2019 at 03:59:44 AM EST

Boris Johnson could bypass key law blocking no-deal Brexit by issuing order to suspend it, John Major warns Independent

Boris Johnson may be planning to bypass a law blocking a no-deal Brexit by issuing an order to suspend it until after the scheduled date of Britain's EU withdrawal on 31 October, former prime minister Sir John Major has warned.

The order could be passed by ministers acting in the Privy Council without the involvement of parliament or the Queen, said Sir John, who denounced the tactic as "a piece of political chicanery that no one should ever forgive or forget".

In a speech to the Centre for European Reform, the former PM said he suspects that Mr Johnson is eager for an early election because he has seen the unedited version of government impact assessments and wants the vote out of the way before the public is aware of the full scale of the damage no deal will do to the country.

Never underestimate the ingenuity of a sociopathic maniac.


Denouncing Mr Johnson's administration as a "Brexit Party tribute band", Major urged moderate Tories to take action rein them in, warning that the PM's "profoundly un-Conservative" Brexit strategy is doing permanent damage to the party's reputation.

Johnson was deliberately whipping up public anger and grievance against parliament and the courts - "the most important bulwarks of our state and its freedom" - in his "reckless and divisive" attempt to win re-election, he said.

Sir John's speech, at the Spanish embassy in London, was described by his former deputy prime minister Michael Heseltine as "the most devastating critique of an existing Conservative prime minister by one of their predecessors I have ever read".

"His call for the House of Commons to reunite against a faction of the party to which he and I have given our political lives is the clearest possible signpost of the danger to this country and to the Conservative Party if present strategy continues," said Lord Heseltine, a leading supporter of the campaign for a People's Vote referendum.

The best defense is likely a strong offense. Remove Boris from his office by joint action between Parliament and the Queen and replace him with someone who will discharge everyone in his cabinet. Who knows what tricks Boris might have in mind in addition to issuing an order to suspend the act in Privy Council.

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Here would be a pertinent place to demonstrate how the UK system of appointing judges is far superior to that in the US;

GIVEN judgment for application of Miller v Advocate General for Scotland names Sir John Major KG CH, PM and Tory leader 1990-1997, an intervener; his testimony provided the SCOTUK conventional reasoning to derogate the duration of HRM BoJo's prorogation in 2019;

59. The  unchallenged  evidence  of  Sir  John  Major is clear. The  work on the Queen's Speech varies according to the size of the programme. But a typical time is four to six days. Departments bid for the Bills they would like to have in the next session. Government business managers meet to select the Bills to be included, usually after discussion with the Prime Minister, and Cabinet is asked to endorse the decisions. Drafting the speech itself does not take much time once the substance is clear. Sir John's evidence is that he has never known a Government to need as much as fiveweeks to put together its legislative agenda.
and he like Helen Mountfield QC has been providing con law "advice" to political parties.

Diversity is the key to economic and political evolution.
by Cat on Mon Sep 30th, 2019 at 06:24:22 PM EST
a typical time is four to six days
But not mandated.
by asdf on Mon Sep 30th, 2019 at 07:29:42 PM EST
[ Parent ]
there'a all sorts of discussion about what might or might not be done, what might or might not be legal.

Right now, nothing would surprise me and almost anything will disappoint me.

keep to the Fen Causeway

by Helen (lareinagal at yahoo dot co dot uk) on Mon Sep 30th, 2019 at 08:01:05 PM EST
My sense is that, given the UK is in uncharted territory constitutionally, all parties involved are free to make novel suggestions. Boris is certainly making full use of this scope. So what is wrong with Parliament voting no confidence in the PM personally, but not following the form set out in the FTPA and being clear they are not voting for a new election? That done they could vote to have the Speaker of the House send a letter to the EU on behalf of Parliament, the UK Sovereign, requesting an extension of the exit date. Meanwhile they could see if they could agree asking the Queen to appoint a new PM or, if they could agree on a candidate, vote confidence in that candidate and then ask the Queen to appoint that person PM. Almost any positive action beats doing nothing.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Mon Sep 30th, 2019 at 08:35:20 PM EST
Meanwhile, Johnson is apparently going to try the same "divide and rule" strategy of trying to negotiate with individual European leaders, in the belief that what hasn't worked for the last two years will suddenly work now: Brexit: Boris Johnson's plan to bypass Brussels for new deal
Boris Johnson is to attempt a last-ditch charm offensive on EU leaders to get a Brexit deal over the line, after delivering his proposals for a new withdrawal agreement to Brussels as early as the end of this week.

With EU chief negotiator Michel Barnier viewed in Downing Street as a stickler for rules who will be hard to shift from the deal struck with Theresa May, Mr Johnson is keen to speak with key European leaders who may be ready to show flexibility ahead of the crunch Brussels summit on 17 October.

[...]

News that negotiator David Frost has finalised a legal text of the UK proposals - said by a senior government source to be "game changing" - emerged as ministers attending cabinet admitted that they were not absolutely sure what the PM plans to do if his hopes of a deal fall flat.

I guess they'll find out. The EU hasn't budged on its "negotiate with the official negotiator" policy, and there doesn't seem any reason why they'd start now.

by IdiotSavant on Mon Sep 30th, 2019 at 11:42:35 PM EST
'4 non-papers' leak: UK proposes customs posts on both sides of border in bid to replace backstop
panned by audience, reviewers, prepper desk
Central Bank urges customers of financial services companies here to check that the companies are ready for a no-deal Brexit
"Selling financial products or services without the necessary authorisation is a criminal offence and the regulator has warned that appropriate action will be taken against such firms if they continue to conduct business in Ireland."

Diversity is the key to economic and political evolution.
by Cat on Tue Oct 1st, 2019 at 01:52:56 AM EST
[ Parent ]
Boris is not stupid enough to negotiate Brexit with national leaders. No, he is trying to persuade one of them to veto the impending request for an A50 extension.

In exchange for some sort of kickback, political or otherwise, no doubt.


It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Tue Oct 1st, 2019 at 11:49:04 AM EST
[ Parent ]
The view from Kenya:

by Bernard on Tue Oct 1st, 2019 at 08:45:31 PM EST
[ Parent ]
secret deal

Diversity is the key to economic and political evolution.
by Cat on Wed Oct 2nd, 2019 at 05:09:00 AM EST
[ Parent ]
Q : When is a backstop not a backstop?
A : in 2025, apparently...

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II
by eurogreen on Wed Oct 2nd, 2019 at 08:00:51 AM EST
[ Parent ]
Well that went down like a cup of cold sick: Irish officials dismiss Boris Johnson's Brexit offer as 'unacceptable'.

I am not surprised. What's surprising is that the UK thought it would ever fly.

by IdiotSavant on Wed Oct 2nd, 2019 at 09:44:50 AM EST
[ Parent ]
The purpose is not to have the offer accepted. The purpose is to be able to blame the EU for everything going pear shaped post no-deal Brexit. The present PM has had a very good training during his years as the Torygraph correspondent in Brussels.
by Bernard on Wed Oct 2nd, 2019 at 06:49:35 PM EST
[ Parent ]
The questions now:

How many people are buying the Boris BS?

What are the demographics of who is buying the BS and who isn't.

She believed in nothing; only her skepticism kept her from being an atheist. -- Jean-Paul Sartre

by ATinNM on Wed Oct 2nd, 2019 at 09:21:45 PM EST
[ Parent ]
It all depends on Parliament stopping Boris from making a no-deal Brexit and then what happens after that is achieved. If a no-deal happens Boris wins. If a second referendum supports Leave Boris wins. If a second referendum supports Remain Boris probably goes down in flames.

If a general election occurs in November Boris has a good chance. If a general election is held next spring Boris's chance is not so good. But Boris could well ask for a November-December election if he is able. The biggest factor is likely to be turnout. Who is energized and who is discouraged.

Failing all else, perhaps the Queen will dismiss Boris after October 19 and ask Corbyn to form a government. Then it depends on how big of a wrecker Jo Swinson is willing to be. A sad state of affairs.

"It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Oct 3rd, 2019 at 04:03:33 AM EST
[ Parent ]
Is there any precedent for the Queen actually dismissing a PM? Have they all not resigned before they even got to the palace?

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Thu Oct 3rd, 2019 at 09:07:00 AM EST
[ Parent ]
While there is no precedent for the Queen dismissing a PM, there is also no precedent for many of this PM's actions. Howerver there was a report in the Guardian about the Queen seeking legal advice on so doing:
Can Queen Elizabeth sack Boris Johnson?  FT
At this strange moment in UK politics, Buckingham Palace could have a role to play

There is an adage in UK constitutional law that the crown is less important for the power it has than for the power it prevents others from having. In practice this means, or should mean, that the prime minister may be head of government but does not have absolute control. There are certain residual powers retained by the monarch.




"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Oct 3rd, 2019 at 03:14:29 PM EST
[ Parent ]
All these options exclude the most likely scenario: the EU gives a six month extension and the chaos continues. Everybody loses.
by asdf on Thu Oct 3rd, 2019 at 01:14:36 PM EST
[ Parent ]
Or Brexit dies and everyone wins.

How many more PMs will be willing to throw themselves into its maw?

by Colman (colman at eurotrib.com) on Thu Oct 3rd, 2019 at 01:22:10 PM EST
[ Parent ]
The EU cannot "give a six months extension" without the UK government formally asking for it.

"Dieu se rit des hommes qui se plaignent des conséquences alors qu'ils en chérissent les causes" Jacques-Bénigne Bossuet
by Melanchthon on Thu Oct 3rd, 2019 at 01:26:15 PM EST
[ Parent ]
Which is it bound to do by law.
by Colman (colman at eurotrib.com) on Thu Oct 3rd, 2019 at 01:28:45 PM EST
[ Parent ]
That's not quite correct.

The Council modified duration of period (publicly) requested by May.

Diversity is the key to economic and political evolution.

by Cat on Thu Oct 3rd, 2019 at 01:30:42 PM EST
[ Parent ]
Documentary evidence
PM letters to European Council President; European Council Decisions taken in agreement with the United Kingdom extending the period under Article 50(3)TEU
in A few first principles.

Council modified request; PM agreed to modification; PM "laid" agreed modification before [Crown in] parliament for approval; See EUWA2018, EUWA-2-2019 provisions,  linked under Applicable law.

UK gov is a "price taker."

Diversity is the key to economic and political evolution.

by Cat on Thu Oct 3rd, 2019 at 03:30:06 PM EST
[ Parent ]
Some people "lose" EU rights to which they were accustomed. Some don't; those persons have already determined how to permanently or conditionally reserve EU rights.

Diversity is the key to economic and political evolution.
by Cat on Thu Oct 3rd, 2019 at 01:39:23 PM EST
[ Parent ]
The EU has stated that only reasons they would grant a further extension is if there were some major political development in the UK. A second referendum or an early election would almost certainly qualify. Anything else...?

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Oct 3rd, 2019 at 03:23:18 PM EST
[ Parent ]
Who in the UK objects to earl election or referendum?

Diversity is the key to economic and political evolution.
by Cat on Thu Oct 3rd, 2019 at 07:50:25 PM EST
[ Parent ]
None of those in the Remain coalition want an election before an extension has been secured. Some have objected to an early election before a second referendum has been conducted. The Liberal Democrat leader, Jo Swineson, has proposed just using a Remain majority to withdrea the Article 50 letter

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Fri Oct 4th, 2019 at 03:26:16 AM EST
[ Parent ]
Enough for there to be blood in the streets, same as here in the US.
by rifek on Sun Oct 6th, 2019 at 08:08:54 PM EST
[ Parent ]
Be it on their heads.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Mon Oct 7th, 2019 at 03:51:39 AM EST
[ Parent ]
Exhibit A:

A Leaked Tory Memo Ordered MPs To Call The EU "Crazy" If It Rejects Boris Johnson's Brexit Proposals - Buzzfeed

In a sign of the tough rhetoric that Johnson's government can be expected to use if talks with Brussels break down, MPs were told that if the EU refuses to negotiate on this point, then Conservatives should say that it is Brussels that ended talks, that a deal is "impossible", and that the EU's policy is "crazy".
by Bernard on Thu Oct 3rd, 2019 at 06:54:33 PM EST
[ Parent ]


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