We’ve learned by now that the various ‘reporters’ in the various online papers are prone to copying from each other, especially when the main ‘copy’ was published in a reputable paper like The Times. The various articles in today’s papers on a GE and the thoughts of the Attorney General Mr Cox, he of the mellifluously booming voice, are based on one article alone which was published yesterday in paywalled RemainCentral.
It’s always best to go to the source – in the sense of ‘origin’ – so below are extensive quotes from that original article. It has the title “No-confidence vote and election ‘can’t legally halt Boris Johnson’s Brexit” (paywalled link) and has thus dropped a nuisance of cats right into the dovecote of fluttering Remain MPs. The author Steven Swinford jumps in with both feet:
“Boris Johnson is legally entitled to take Britain out of the EU on October 31 without a deal even if he loses a vote of confidence and his government falls, the attorney-general has suggested.
Geoffrey Cox is understood to believe that there is no legal basis to prevent the prime minister from taking Britain out of the EU, even if October 31 arrives amid a general election campaign triggered by a no-confidence vote in the government over no-deal.
There is concern in government that Mr Johnson’s majority of two means he could be defeated in a vote of confidence and be forced to go to the polls.
Tory rebels have held talks with Labour and opposition parties about a possible vote of confidence in Mr Johnson when parliament returns in September to try to stop a no-deal Brexit.
Cabinet ministers have debated about what would happen if the run-up to the election, which usually lasts for seven weeks, fell as Britain is due to leave the EU.” (paywalled link)
The big point here is of course what Mr Cox really said, but you’ll have noted that he is only reported as being ‘understood to believe’, so no proper quote is available. It serves however to publish the opinions of various other ‘players’ in Cabinet and Westminster, even though some of those are again based on hearsay, like in the following paragraphs:
“The Times has been told that Sir Mark Sedwill, the cabinet secretary, has suggested to colleagues that the “status quo” of Britain’s membership of the EU must remain if a general election is held over October 31. He has referred them to the cabinet manual which states that it is “customary” for ministers to “observe discretion” in the run-up to an election by avoiding making any “major policy decisions”.
However, senior figures in government believe that Mr Johnson will be legally entitled to disregard convention because the default legal position is that Britain leaves on October 31. They argue it is only convention that means prime ministers do not make significant policy decisions before voters go to the polls.” (paywalled link)
We don’t know nor are we told who those ‘senior figures’ are. I am however certain that, had the Leader of the House been asked, his answer would have figured prominently, with his name given. Now we come to the actual reason why this article was written:
“Dominic Grieve, a former attorney-general and prominent Remainer, said that it would be “utterly perverse” to take Britain out of the EU on October 31 before a potential election. “There is a long-established convention that once a general election has been called no government should take anything other than caretaker decisions,” he said.
“No important policy decisions should be taken which could fetter the freedom of an incoming government. No greater fetter could exist than if we irrevocably withdraw from a major treaty. Therefore any government once the purdah period has kicked in must seek to preserve the status quo by asking the EU for an extension until sometime after the election.”
If Mr Johnson loses a vote of confidence, he or the Labour leader Jeremy Corbyn will have 14 days to attempt to form a majority government. Should they fail, a general election will be held.” (paywalled link)
There you have it: it’s about giving Mr Grieve publicity, and about the Remainers getting an extension which the EU has already said it would be happy to grant. There’s more:
“Tory Remainers and Eurosceptic ministers believe the issue is likely to end up in the courts if the Brexit deadline falls in the build up to the election.
Iain Duncan Smith, an ally of Mr Johnson, said that Britain would leave at the end of October as the “default position”. “If the government does nothing we leave on the 31st,” he said. “If we are in an election it makes no difference, we still leave because it is law. What would happen immediately is this would go straight to the Supreme Court. That will be the fight.”
Mr Johnson has made clear that holding an election before Brexit has been delivered would be “absolute folly”. Senior allies have said, however, that planning was under way to go to the polls by the summer of next year.
Members of Mr Johnson’s team are […] said to be preparing for a general election either being forced on the party in a vote of no confidence or by Mr Johnson having to call a snap election once Brexit has been delivered.” (paywalled link)
The last paragraph of this article may serve to illustrate the delusion under which Remainers and Leavers in both Parties labour when contemplating a GE:
“The Conservatives have picked up voters from the Brexit Party since the election of Boris Johnson but lost support to the Liberal Democrats. A Times/YouGov poll conducted after Mr Johnson became leader and prime minister put the Tories on 25 points, the Lib Dems on 23, Labour on 19 and the Brexit Party on 17. While the level of support for the Conservatives is unchanged, the polling suggested that Tory voters who defected to the Brexit Party are returning to the Tories under Mr Johnson.” (paywalled link)
They seem to think that this ‘Boris Bounce’ in the polls will be sustained. They better realise that those ‘returning Tory voters’ will flock back to TBP with a vengeance should they force a GE and thus an extension on Johnson’s government. Meanwhile Remain Labour will lose votes to the LibDems as well as to TBP.
One would like to tell the Grieves to be careful what they wish for – but they are not only blind but stone deaf in pursuing their goal, to force us to Remain.
PMB again. That Cold War between us and the EU does not frighten me at all. Surely there is very little they can do without hurting themselves more than us.
Thank you Debbie and LisaB for stating the actual position. We really will get out 31/10 providing Boris does nothing to prevent it. And I see no indication at all that he would do anything to prevent it. Even if he is just another politician trying to hold onto power leaving the EU has to be his best chance to do that.
“Maintain the status quo” during an election campaign! Leaving on 31st October 2019 is the status quo because it is currently the law under the Withdrawal Act 2017. As JRM has stated the Greive mob have to openly come out and try and revoke Art 50 before 31st oct 2019.
Boris will not have to do anything at all except try and ensure the UK is as ready as possible for a No Deal outcome.
The Grievers/Remoaners conspiracy must realise and are failing to do ,that they are no longer in the same deadly dance of complete obduracy and self interest that they Argentinially tangoed with Mrs May.
The music has stopped, now they are in the last Waltz, playing the stairway to Boris’s heaven .
Actually, I believe all these postulations are nonsense, put up as a front to titillate the peasants, for heavens sake the MSM have got to have some source of copy!
I believe they all know we did indeed leave on 29th March,surely it isn’t an accident that the judge failed to answer the main question in the Robin Tillbrook case, why are the EU still saying we could leave with no deal by accident?, why are they now saying they are bang up to date with No Deal preparations? Why do you think that Boris’s mob are chivingall and sundry to get prepared like mad?
I think we will leave with “a Deal”, but it will be essentially the confirmation of the “No Deal” which existed on 29th March, plus a few explanatory whistles and bells to calm parliamentary conventions.
May be I’m the dreamer!
Here’s the key standout from Dominic Grieve: “Therefore any government once the purdah period has kicked in must seek to preserve the status quo by asking the EU for an extension until sometime after the election.”
“Preserve the status quo” … “ask the EU for an extension”
That’s his goal at least. Just ‘preserve the status quo’ by asking for yet another extension, to keep us in even longer.
Boris doesn’t need to do anything. As has already been pointed out, the default position is that EU treaties cease to apply after October 31st (“no deal”), unless one of two things happen:
1) a withdrawal agreement (“deal”) is ratified by the UK parliament and agreed by the EU.
2) a further Article 50 extension is requested by the UK government and approved by the EU.
If Boris does either of the above, then despite all his rhetoric he will be no more successful a prime minister than Theresa May was.
It may be “customary” for ministers to “observe discretion” in the run-up to an election by avoiding making any “major policy decisions”, but senior figures in government believe that Mr Johnson will be legally entitled to disregard convention because over the past few months ‘convention’ has been chucked out of the window.
Remember ‘collective Cabinet responsibility’ – the convention that if a member of the Cabinet voted against the government he would resign? And I’m sure we can all think of others.
We are in uncharted waters here, a Great Political Realignment, with Brexiteers dodging between The Brexit Party and Boris, and Remainers flocking to the LibDems simply because they have come out in favour of staying in the EU. The Labour Party are losing heavily because they won’t come down on one side or the other.
Boris has only one choice now if he is to succeed as Prime Minister, and if we do actually leave on October 31, he’ll sweep to power in the next GE.
That pipsqueek Speaker has thrown all conventions out of the window. Boris can do what he likes the law is on his side and I think the majority of leavers too.