Originally Posted by
KerrAvon
Yo, Zyles! An opportunity for us to chat twice in a week. I am blessed.
Interesting post as ever.
I don’t think you needed to be a lawyer, alleged or otherwise, to see how Johnson would deal with the requirements of the Benn Act. Even I worked it out. The Act required Johnson to send a letter, which he did. There was nothing to stop him from informing the EU – as if they needed to be informed - that the letter was being sent because Parliament said that it should be and that its contents did not represent the wishes or policy of the government. I see that BoJo was being labelled as ‘childish’ by (a rather peeved) Keir this morning, whereas I would say that the blind faith that the supporters of the Benn Act had in it was more childlike.
It’s not even as though Johnson and his fellow ministers didn’t give enough warning.
I’m not sure that very much turns in law upon whether the letter was signed. There is case law that might be used to say that it is irrelevant. I suspect that it actually has a threefold political purpose:
1. To respond to Jo Swinson’s display of hubris yesterday when she asked Parliament to rise so that Johnson could send the letter;
2. To try to tempt someone into taking him to court upon the issue of whether the letter should have been signed, which would allow those bringing such an action to be portrayed as petty and childish.
3. To allow Macron to take faux offence as part of a pretext to vote against an extension.
Pont 3 is what really matters. Individual EU leaders are scared stiff of being seen as being the one who caused a no deal exit. The Johnson letters are a get out of jail free card for any European leader who wants to be the person to say no. In his interview this morning, Keir said that if we leave with no deal because of the letters then Johnson would be personally responsible. Quite... I’m sure Macron would probably have spotted that line without Keir’s help, but it will undoubtedly be a comfort that a senior British politician has given a supportive sound bite.
On one particular point from your post - it would have been fun if Parliament had tried to legislate to instruct Johnson to not send any additional letters. In theory, he could then have challenged Parliament in the courts for breaching his right to freedom of expression. That would have been a sight to behold: Johnson v UK in the ECHR.