The Westminster model of politics has ‘broken down’ under the pressure of Brexit, according to NLJ consultant editor David Greene.
Greene, senior partner at Edwin Coe, who represented one of the litigants in the 2017 Supreme Court Article 50 case, says traditional party politics and government through a working majority are no longer working.
Greene warns there are ‘distinct problems’ with the idea of Parliament taking control through indicative votes, a process due to take place this week in Parliament after MPs passed Oliver Letwin’s amendment 329-302.
Writing in this week’s NLJ, Greene says: ‘There is likely to be no majority for any one proposal because, as throughout this process, there is little give and take, the alternatives are not binary and relate to Withdrawal Agreement and political statement as to the future relationship in different measure.
‘There will undoubtedly be gaming of the system and it doesn’t really test the consensus. In any event, vitally, whatever the answer, it is not binding. Indeed, the government could simply come back with the prime minister’s deal (speaker allowing) with threats of the alternatives informed by the indicative vote.
‘What would be binding is legislation. In extreme circumstances Parliament can take control of the legislative programme but that is revolutionary because it represents a loss of confidence in the government and may impose on the government legislation contrary to the manifesto.’
Currently, the UK Parliament must pass the Withdrawal Agreement by 29 March in order to secure an Art 50 extension until 22 May. If this does not happen then Art 50 is extended only until 12 April, when the UK will leave without a deal unless it has indicated a credible way forward for the European Council to consider.
Charles Brasted, partner at Hogan Lovells, says: ‘The risk of a no-deal Brexit remains critical. Businesses must now adjust their preparations to fit the new timetable, while continuing to press for a positive resolution.’
