Brexit: Scottish court to rule on Boris Johnson’s extension letter
Boris Johnson is facing a new legal challenge over Brexit, as Labour plots for a second referendum on Britain’s departure from the EU.
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Judges in Scotland are set to decide whether British Prime Minister Boris Johnson is in contempt of court for failing to sign a letter to the EU asking for a Brexit extension.
Mr Johnson sent the letter as required by legislation known as the Benn Act, but did not sign it and also sent a second letter - which he signed - that said a delay would be a mistake.
It comes as the Conservative Party leader prepares to push for a new Brexit vote on Monday (local time), as Labour plots to tie a second referendum to any new deal.
There are also reports the EU will delay Brexit until February 2020 if Mr Johnson is unable to get his deal past parliament this week.
A hearing at the Court of Session in Edinburgh by Scotland’s most senior judge Lord Carloway, and two other judges, was postponed until after Saturday October 20, the deadline for the extension letter to be sent.
The hearing is set to resume on Monday but Mr Johnson’s attempts to avoid requesting an extension raises questions about whether the court views the unsigned letter - and second contradictory letter - as following the law.
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The legal challenge is on behalf of the Good Law Project, and founder Jolyon Maugham QC said the court’s role was to uphold the law, not to act as parent to “a stroppy child”.
“But the PM has made the request for an extension he promised he wouldn’t make, the EU is considering that request, and the question whether the PM and Advocate General for Scotland are in contempt of court is one for the Inner House,” he said.
If the three judges find Mr Johnson has failed to uphold the law, they could find him in contempt, with potential punishments including a fine or even a jail sentence.
Scottish National Party MP Joanna Cherry QC, who has been involved in bringing proceedings to court, described Mr Johnson’s actions as a “childish trick of not signing the letter and sending a contradictory covering letter”.
“Our legal team are instructed to remind the court that as well as promising to comply with the letter of the Benn Act, the PM also promised not to seek to frustrate the purpose of the legislation,” she said.
“It will be for the court to decide whether his actions in failing to sign the letter of request and sending a letter setting out his contrary intentions are in breach of the undertakings he gave them or a contempt of court.”
BORIS FORGES AHEAD AMID LABOUR’S SECOND REFERENDUM PLOT
Cabinet Minister Michael Gove said the UK Government would forge ahead with its plans for Brexit, with a vote planned for Monday.
“If we vote to leave, we get the legislation through, then there is no extension - October 31 is within sight,” he said on Sky News UK.
“The risk of leaving without a deal has actually increased because we cannot guarantee that the European Council will grant an extension.”
Sir Keir Starmer, Labour’s Brexit spokesman, said he would press for a second referendum.
“We need an amendment to say that whatever deal gets through, it should be subject to a referendum where the deal is put to the public,” he said on the BBC.
Mr Johnson was close to getting the votes he needs to get his deal across the line, despite being forced to ask the European Union for an extension until January 31.
He lost a vote on the weekend, 322 to 306, on the extension, but 22 MPs abstained, giving Mr Johnson hope that with their support he might get his deal.
The UK sent three letters to the EU on Sunday.
Mr Johnson sent an unsigned photocopy of a letter seeking an extension to Brexit as required by law.
He also sent a second letter saying he personally did not want an extension as he maintained he wanted Britain out of the European Union by October 31.
A third letter was sent by Sir Tim Barrow asking the EU to acknowledge the request.
Mr Johnson’s extra letter said that a delay would be “corrosive”.
“The government will press ahead with the ratification and introduce the necessary legislation early next week,” he wrote.
“I remain confident that we will complete that process by October 31.
“We must bring this process to a conclusion so that we can move to the next phase and build our new relationship on the foundation of our long history as neighbours and friends.”
Mr Johnson then protested against any more delays.
“I have made clear since becoming Prime Minister, and made clear again to Parliament today, my view and the Government’s position, that a further extension would damage the interests of the UK and EU partners,” he wrote.
European Council president Donald Tusk confirmed he had received the extension request letter.
“The extension request has just arrived. I will now start consulting EU leaders on how to react,” he said on Twitter.
But the EU will not consider any request until Monday, with French president Emmanuel Macron urging Britain to sort out a deal now and Ireland’s Taoiseach Leo Varadkar warning an extension was not guaranteed.
Mr Johnson has said he would refuse to negotiate a delay, pushing ahead with his “do or die” Halloween deadline.
House of Commons leader Jacob Rees-Mogg flagged the new vote today, as pressure mounts to get the deal done.
Speaker John Bercow, who has been criticised for his anti-Brexit stance, may block the vote.
EUROPEAN LEADERS PREPARE TO DELAY BREXIT
The EU will delay Brexit until February 2020 if Mr Johnson is unable to get his deal past parliament this week, The Sunday Times reports.
The delay would be “fungible”, meaning Britain could leave earlier, on November 1 or 15, December or January, if his deal is ratified before the extension ends, the newspaper said, citing diplomatic sources.
No decision will be taken until EU governments have the chance to assess the chances of the withdrawal treaty getting through parliament before Tuesday (local time) this week, the newspaper added.
EU diplomats and officials told Reuters on Sunday that, depending on the next developments in London, extension options range from just an additional month until the end of November to half a year or longer.