Brexit

The Oliver Letwin speech that first revealed the Benn Act game plan

On Coffee House last week, I wrote that the judgment of the Supreme Court shows that the Benn Act is unconstitutional. It is more than that: it constitutes a revolution in the way in which Britain is governed. Oliver Letwin, who helped draft the Act, made this abundantly clear when speaking in the House of Commons on 14 February. His speech came in the run up to the first time Parliament took control to direct Government policy by legislation. But it also reveals the game plan that ultimately led to the Benn Act and the topsy-turvy situation we now find ourselves in. Letwin describes it as “astonishing turn of events”

Here’s the flaw in the Boris hedge fund conspiracy theory

It is one of the most diabolical plots of all time, a conspiracy so vast, so deep, and so wicked it could have come from the pen of Dan Brown. A small cabel of powerful hedge funds have installed Boris Johnson at Number 10, paying for his campaign and his advisers. Once there, his task is to crash the UK out of the European Union without a deal, plunging the economy into chaos, and sparking a rout of sterling and a collapse in the FTSE. In the background, those same hedge funds will have ‘shorted’ the pound and the London equity market. In the process, they will make a few

How Brexit is winning over ‘never kissed a Tory’ voters for the Conservatives

Brexit is seen by some as the Conservative curse. The theory goes that David Cameron called the referendum to resolve the EU problem once and for all, only for this to blow up in his – and his party’s – face. Where this was once a Tory issue, now it is everyone’s problem. But might that view be wrong? And might Brexit actually be a big opportunity, rather than a hindrance, for the Conservatives to win over supporters who would never in their wildest dreams have even thought about voting Tory? That’s the view put forward by Esther McVey, who spoke of her experiences on the doorstep, and how she

Tory MPs on ‘red standby’ to leave snoozy conference for Brexit vote

The Tory MPs who’ve bothered to turn up to conference this week are torn between two places. They’re on a three-line whip in case anything kicks off in Westminster, where parliament will continue sitting this afternoon. Solicitor General Michael Ellis joked this morning that he was on ‘red standby’ to return to the House of Commons if there is a vote. The Labour party is on a two-line instruction, though many of its MPs are attending the sitting to try to make a point about holding the government to account while the government is away. It’s not yet clear whether they will hold any votes, though there is a need

Boris Johnson won’t surrender the metaphor

In a feisty interview on The Andrew Marr Show, Boris Johnson defended his use of the term ‘surrender act’, calling it a ‘martial metaphor’ of the type that has long been used in British politics. He said that he had been a ‘model of restraint’ in his own language. He did, however, express regret for sounding so dismissive of the Labour MP Paula Sherriff’s concerns about death threats. It was clear that Boris Johnson had three intentions in this interview. First, to ram home his message that the Benn Act is a ‘surrender act’ – I lost count of the number of times he used the phrase. Second, to try

When Brexit is done, this is the party to vote for

We may still be small, but we have better speakers at our conferences than the major parties. At the Social Democratic party AGM on Saturday in Leeds we heard from, among others, Brendan O’Neill, Ben Cobley, Mo Lovatt, our leader William Clouston and the excellent Patrick O’Flynn. And me obvs, with the usual tirade of bile ((co) Emily Maitlis). Attendance for the AGM tripled on last year. We will be the focus on campuses for anti-woke students, the party of freedom of speech and we will continue to be the only party which wishes to reduce immigration, disavows all this gender fluidity nonsense and fights against identity politics and in

We will find out in a few days whether Brexit will happen

There is probably now just a week or so from the end of the Tory conference for Boris Johnson to make a breakthrough on a Brexit deal, or for talks to end. Why? Well, government sources tell me the EU Commission has been told by British negotiators in no uncertain terms that Johnson will not quit to avoid being forced by the Benn Act to ask for a Brexit delay. And Brussels was also told that if Johnson is still prime minister on October 19, he will find a way to get round the law and refuse to ask for a delay. So Barnier and Juncker have literally no time to decide

13 times David Cameron’s book makes the case for Brexit

David Cameron’s autobiography was supposed to be a chance for the former prime minister to settle scores and have his say on his time in office. But Cameron’s book is also something that he didn’t intend: a convincing case for Brexit. ‘For the Record’ is littered with examples of EU officials and council members undermining UK interests and reneging on promises. Here are 13 times David Cameron’s book makes the case for Brexit: Jean-Claude Juncker frustrating British interests:  ‘Jean-Claude Juncker, the prime minister of Luxembourg, was particularly dismissive of British concerns. As a finance minister, he’d been there at Maastricht when the journey to monetary union began. He’d been there when we

The rise of the Brexitainers

The Union Jack is flying on the front of my house. After a long discussion with the local council, planning officials confirmed that anyone can fly the national emblem on their home, so long as they don’t use a flagpole, which requires planning permission. I was advised by an official to drape the flag from an upstairs window, so that is what the builder boyfriend has done. It looks beautiful. I do hope lots of us will out ourselves as patriots in this way — a 5ft by 3ft flag is only £4.99 on eBay, free P&P. The next four weeks is a battle for the idea of the nation

Portrait of the week: A Supreme Court ruling, Labour’s messy conference and Donald Trump’s ‘impeachment’

Home Eleven justices of the Supreme Court ruled unanimously that in advising the Queen to prorogue parliament ‘the Prime Minister’s advice to Her Majesty was unlawful, void and of no effect’. This was because the prorogation had ‘the effect of frustrating or preventing, without reasonable justification, the ability of parliament to carry out its constitutional functions’. The court was not ‘concerned with the Prime Minister’s motive’. The court cited the Case of Proclamations (1611) to show that the limits of prerogative powers were determined by the courts. The judgment overturned the decision of the High Court that the prorogation should not even be considered by the courts. Lady Hale, the

Would the Athenians have held a second referendum?

The Athenians invented the referendum: after debate in the citizens’ assembly, they voted through all political decisions by a show of hands. They could also demand a revote, as happened on a famous occasion in 427 bc, after Athens put down the revolt of the city-state of Mytilene. Does this justify the proposed second Brexit referendum? The Athenian assembly, angered by the revolt, initially voted to execute all adult males and sell the women and children into slavery. A ship was sent to see to it. But next day, as the contemporary historian Thucydides reported, ‘the people began to think how excessively savage it was to destroy everyone, not just

The rule of law has become the rule of lawyers

Is that enormous silver spider that Lady Hale wore her badge of office? If so, it is appropriate. The Supreme Court has decided to tie up the government in a web of legal reasoning so tight that it can no longer govern. In his dissenting judgment in the earlier Miller case about Article 50, Lord Reed warned that ‘the legalisation of political issues is not always appropriate and may be fraught with risk, not least for the judiciary’. Unusually — as if to compensate for these words — his name was joined with that of Lady Hale in giving the judgment on Tuesday. He would have done better to heed his

Brexit voters do feel betrayed. So why can’t Boris say so?

Rarely has there been such a flagrant display of hypocrisy and cant as there was in the House of Commons last night. Opposition MPs stood up one after the other to denounce Boris Johnson for his use of apparently toxic and dangerous words like ‘surrender’ and ‘sabotage’. Such language is polluting the public sphere and making life hell for politicians, they claimed. Their ostentatious offence-taking would be a tad more convincing if they had ever said anything about the bile heaped on Brexit voters these past three years. Where were these people when it became positively vogue to refer to lower middle-class Brexit blokes as ‘gammon’? Where were they when

Two flaws in the Supreme Court’s verdict

Now that more experts have had time to study the ruling, the legal validity of the Supreme Court decision on the prorogation of Parliament is unravelling with every passing day. The court cited two cases to justify its involvement in political decisions: the Case of Proclamations (1611) and Entick v Carrington (1765).  The Case of Proclamations laid down that the King could not make new laws by proclamation. The easiest way to study it is to look at the notes of the case by the presiding judge, Sir Edward Coke in his Selected Writings (p. 486 of the Liberty Fund online PDF version). The King wanted to prohibit building in

The torture chamber: how opposition MPs plan to humiliate Boris

When Jeremy Corbyn declared at Labour conference that his party would only allow an election once no deal had been taken off the table, MPs began to wonder if it could be put off until the new year. The Prime Minister’s tormentors can’t agree when exactly they would like to go to the country, but all agree that there are plenty of ways to torture Boris Johnson. It’s as good a way as any to pass the time. The Tories no longer have a working majority, so these opposition MPs — aided by activist Speaker John Bercow — now hold the power. What will they do? Well, the Conservatives are meant

There is only one law: there must be no Brexit

You’re surprised? Really? What are you surprised by? The specifics — that 11 non-elected, mostly public-school-educated judges, and doubtlessly Remainers I’d guess, should put the final nail into the lid of Brexit? Yeah, sure — that knocked me for six. Never saw that coming. Or was it the generality that surprised you — we’re not getting Brexit after all? If it’s the latter, I don’t think there’s much hope for you. What seemed to me fairly plain on 24 June 2016 — that they, meaning our liberal establishment, would never let it happen — became an absolute certainty by the turn of this year. By January it was either no

‘Cameron was a bloody good prime minister’: Michael Gove interviewed

Michael Gove stands in front of an empty throne in the magnificent Cabinet Office room. George III was the last monarch to use it and there it has stayed, beneath his portrait. For a second, it looks like Gove is about to sit in it and grant us an audience, but he’s only leaning over to show off the royal crest. At the other end of the room stands a large television which, a few hours before we meet, was used by Gove and other ministers to watch Tuesday’s Supreme Court ruling. From the madness of King George III, to the humiliation of Boris Johnson. As the minister in charge

In defence of Geoffrey Cox

Something ugly has come out of the Supreme Court’s decision to change the law and our constitution yesterday. Instead of basking magnanimously in the fact that they won, there have been wholly unwarranted calls from Remainers for ‘heads on plates’. The cry has gone out for the Attorney General, Geoffrey Cox, to publish his legal advice and to resign. The rather bizarre premise is presumably that in giving advice to the government that the prorogation was lawful, he somehow did something wrong. Let me be unequivocal – he did not, and the calls for his resignation are both vindictive and inappropriate. How can I be so sure? Well, what the bloodthirsty