Prime Minister Boris Johnson has been telephoning EU leaders to discuss the potential for securing a deal, after the European Parliament dismissed his latest plans as unworkable last week. At home, he faces allegations of favouritism during his tenure as London Mayor over grants and places on international trade delegations given to US businesswoman Jennifer Arcuri. Inquiries into the allegations have been launched by the Department for Digital, Culture, Media and Sport, the London Mayor and the London Assembly’s oversight committee.
Meanwhile, the Inner House of the Court of Session in Scotland is considering whether a court can sign an Art 50 extension request in the place of Johnson should he refuse to do so. This procedure, which is unique to Scots law, is known as ‘petitioning the nobile officium’. Johnson is compelled to seek an extension until 31 January 2020 unless a deal has been agreed by 19 October, under the Benn Act (otherwise known as the European Union (Withdrawal) (No 2) Act 2019).
Lord Carloway, the Lord President, has said the issues are so significant and time-sensitive that the court will not give its decision until 21 October, after the 19 October deadline has passed.
Last week, the Outer House rejected the petition. Delivering his judgment, Lord Pentland said he was ‘not satisfied that the petitioners have made out their case based on reasonable apprehension of breach of statutory duty on the part of the Prime Minister’. During the case, Aidan O’Neill QC, on behalf of petitioners Dale Vince, Jolyon Maugham QC and Joanna Cherry QC MP, cited press reports quoting ‘Number 10 sources’ which, he said, indicated government policy was to frustrate the legislation. However, papers submitted by the government to the court stated that Johnson would comply with the Benn Act.
Parliament was prorogued after close of business on 8 October. A Queen’s Speech is scheduled for 14 October, curtailing all Bills not passed during this session apart from the Domestic Abuse Bill, which will be carried over.
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