The showdown yesterday has been inevitable between Brexiteers and Remoaners and I wonder if Boris has decided, in typical Boris fashion, to grab the bull by the horns and face this thing head on as he must’ve known that by proroguing Parliament that it would bring the odious slimeballs inside his own party out from under their rocks.
Michael Gove said the other day that the Government will decide if it complies with any legislation brought forward depending on the wording. Which is perfectly correct and proper. As the Government cannot have its Executive Powers restricted by Parliament when dealing with Foreign Treaty’s and so they may well have no choice but to refuse to give the Queens Assent to this proposed piece of legislation. The Queens Assent is usually given by the Government during the 3rd reading of any Bill, (not to be confused with Royal Assent which is given by the Monarch to enact the Bill in its final form) as this proposed Bill actually seeks to restrict the Executives power by compelling the Government to accept what is offered. That is beyond the limit of what Parliament can do.
When Theresa May was forced to seek an extension to the Article 50 process via the Cooper/Letwin Amendment, the law passed merely stated that the PM was to seek an extension, not compelled to agree to one made. Theresa May chose, as per the Executives power when dealing with foreign Treaty’s to accept what was offered.
A point highlighted by Bernard Jenkins MP during a Parliamentary Select Committee questioning of the PM after the event.
However, the Bill proposed by Boles/Benn compels the PM to not only seek an extension but crucially also to accept it, which is by sheer definition infringeing on the Executives powers when dealing with Foreign Treaty’s. That is completely unconstitutional and over-reaches Parliaments right and i’m certain that the PM knows this also.
If Queens Assent is refused by the PM at the 3rd reading of the Bill under this overeach of power, then it is dead in the water and cannot proceed any further. I’m beginning to think that this has been a well laid trap by Boris and that the Remoaners within his party have just walked straight into it. Whereupon he has then pulled the rug from under their feet by removing the whip and backed them into a situation where he now holds all of the cards as Prime Minister
Furthermore, when or if he refuses to grant Queens Assent to the Bill, then there is no other option but to call a General Election to solve the impasse. Which has been his preferred option to break the stalemate as he is confident of defeating Corbyn. This election if called will be fought along the lines of a straight choice between Boris, democracy and a No Deal Brexit vs Remain, no democracy and a Corbyn led Government.
A choice that Boris and Corbyn both know will see Boris returned to Number 10.
Like I said, this showdown has been unavoidable and in typical Boris fashion he has decided to deal with it head on. If i’m right, then he has not only chosen the battlefield he has also put his own forces in place before “inviting” the opposition to join him, which they have blindly chosen to do so.
Note Jacob Rees-Moggs languid style during the Emergency debate yesterday and I was minded of Chinese General Sun Tzu, who wrote in his often quoted book, The Art of War that you should,
“Never interrupt your enemy when he is making a mistake.” It would appear that based on Jacob Rees-Moggs uninterested body language throughout, that he is fully versed with this particular quote