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Chaos & confusion reign in Westminster

05 September 2019
Issue: 7854 / Categories: Legal News , Brexit , Constitutional law
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Fears of a no-deal Brexit mounted this week during a tumultuous session in Parliament. 

The prime minister lost his majority and his first vote as backbench MPs seized control of the order paper and introduced the European Union (Withdrawal) (No 6) Bill.

Michael Zander QC, Emeritus Professor, LSE, said: ‘The purpose of the Bill is to prevent a No Deal exit from the EU, though whether it would do that is not clear.’

The prime minister will opt for an election rather than ask for a Brexit extension, if the Bill passes, but needs the agreement of two-thirds of MPs to do so.

Writing in NLJ this week, Zander said: ‘At the time of writing there was a further question—would the Bill have Queen’s Consent? This is required for any bill that affects the royal prerogative. Queen’s Consent is required to be signified after the third reading in the House of Commons. It is given by a minister after authority has been obtained from the Queen on application by a Privy Counsellor.’

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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