Forget what three Buckfast swilling, deep fried Mars Bar scoffing judges in chilly Jockoland said earlier in the week and whatever you have heard about Boris Johnson lying to the Queen (The Queen’s conversations with her Prime Ministers are confidential so nobody knows if Boris lied to our Betty or not, but if he did and anything he advised was illegal her own advisers would have warned her to withhold assent to the prorogation of parliament.
The Scottish court judgement is nothing but a cheap political stunt by a bunch of biased, SNP supporting bent lawyers aimed at giving The Mad Wee Hag Sturgeon ammunition for her next bid to make Scotland independent from the UK and thus the biggest economic basket case in Europe (if Scotland was an independent nation now they would be further up shit creek and even more bereft of paddles than Greece. .
And Boggart Blog is not the only digital news sheet that thinks so. We may be a scurrilous little blog, but look at what the highly respected, subscrioption only web news site for financial professionals, Eurointelligence has to say:
We expect this to be of more significance to the debate over Scottish independence than to Brexit. Legal commentators, including the retired Supreme Court judge Lord Sumption, expect the UK Supreme Court to side with the English ruling rather than the Scottish one.
Advantage Boris who is already one set up because the High Court in England ruled in his favour, as it should, while constitutionally Scottish courts cannot possibly have jurisdiction over the whole of the UK.
If the Supreme Court, as we expect, does not intervene on prorogation, that leaves Hilary Benn’s legislation – requiring Johnson to seek an extension to the Art. 50 withdrawal period – as the main tactical approach left for Remainers.
But Johnson has the possibility of launching a legal challenge to Benns law, if he wants to.
The No No Deal law does nothing if such a challenge is upheld (as it should be), but the government team may have better ideas than issuing a challenge as Eurointelligence reports:
The act has been repeatedly and mistakenly described in the British media as “taking no deal off the table”, which illustrates how few journalists have bothered to even read the plain words of its text. Johnson is required by the act to send a letter to the European Council requesting an extension until 31st January 2020. But the act only requires that he send this letter on October 19. Even then, he only has to send the letter if parliament hasn’t agreed to either a deal or a no-deal exit by that date. Both scenarios being explicitly allowed by the legislation. Moreover, it allows Johnson to withdraw the letter if the House of Commons votes in favour of either a withdrawal agreement or of no-deal exit between 19th October and 31st October.
We think the Remainers committed a strategic error. It was a mistake to leave the machinery of government in Johnson’s hands between now and October 31. He will be the only person in the room negotiating and speaking to other heads of government. It also leaves plenty of avenues at his disposal for frustrating an extension request. However watertight Hillary Benn’s legislation might seem, one thing it cannot do is muzzle the prime minister or limit his right to make political statements, both within the House of Commons and at the European Council in October. It also means Johnson now has five more weeks to dominate the UK media agenda, unimpeded by parliamentary questioning thanks to prorogation.
So in the end whatever Remainers do, short of calling a vote of no confidence and forcing an election, which after their idiotic performance over the past few week the opposition will surely lose, they cannot stop no deal. Quite simply, so long as Boris can string things out until 31 October, no deal is the default legal position. All the Remainers antics and the bigoted Jock judges have achieved is to make anything but no deal almost impossible.
Good work, Remainers.