Spoiler alert – this is a bit longer than our usual blogs – might be worth your while running over it to increase your chance of impressing in lecture 1!
What a time to start studying Constitutional Law! When we updated our guides we revised (well, rewrote actually) the Brexit section extensively three times. Things were changing so much that it sometimes felt that what we had written the day before was ancient history. The week we have just been through has added a lot of additional material and we thought a quick blog about it might be helpful.
So, a recap. A bill has passed the House of Commons and House of Lords, The European Union (Withdrawal) (No. 6) Bill (colloquially known as the Benn-Burt Bill after its sponsors). It is expected to become law on Monday 9th September. The new provision is designed to ensure that the UK does not leave the EU by 31st October this year without a deal.
Mr Johnson’s administration opposed the Bill imposing the party “whip” on members requiring them to vote along party lines to reject it. MPs were informed that failure to comply with the whip would see the whip withdrawn from them, with the further sanction that they would be automatically deselected as MPs and unable to stand for the Conservative Party at the next election. This draconian threat was in stark contrast to Mr Johnson’s predecessor, Mrs May. She had been lenient on those opposing the Bill to approve her deal to leave the EU. Her opponents and those who had defied the whip now form a significant number of the current cabinet, including both Mr Johnson and Mr Rees Mogg.
The threat was unsuccessful and 21 Conservatives including Sir Nicholas Soames, (former minister and grandson of Sir Winston Churchill), Mr Ken Clarke (former Home Secretary and Chancellor of the Exchequer and now Father of the House) and Mr Phillip Hammond (Chancellor in the May Government) and Mr David Gauke (Lord Chancellor in the May Government) rebelled. The government therefore lost its majority (the actual moment when this happened was during a speech by Mr Johnson, when Mr Phillip Lee publicly crossed the floor of the House of Commons, from the Conservative to the Liberal Democrat benches).
The government decided to call a General Election. The process for so doing is governed by the Fixed-Term Parliaments Act 2011. This was enacted to protect the Conservative and Liberal-Democrat coalition and provided that the next election should take place on 7th May 2015 and that each subsequent election should be at intervals of 5 years on the first Thursday in the month of May. An earlier election can only take place with the agreement of a two thirds majority of the House of Commons or in the event of a no-confidence motion (more on that in a moment).
Generally, you can rely on the opposition parties in Parliament wanting an election, it gives them a chance to get into power. Mr Johnson assumed that his government’s vote to call an election would pass. He planned to hold it in October. Opposition parties thought that this was to ensure that further negotiations with the EU could not take place until it was too late and were also concerned that an October date would disenfranchise many young people going to University. Students might not have had time to register to vote wherever they might have moved to. Opposition parties believed that the young would disproportionately vote for them. Accordingly, the opposition parties abstained on the vote so that it could not pass with the required two third’s majority. The government plans to try again on Monday but it seems that the opposition is holding firm and that the election will not be granted at this time.
Rumours suggest that the government has considered the unusual step of passing a motion of no confidence in itself. Under Fixed-Term Parliament Act 2011 this then gives a period of 14 days for others to form an administration and if that is unsuccessful then an election would take place. Opposition parties are currently working together with much more purpose than is normal. If Mr Johnson goes down this route, there is a very real risk that power could pass to a coalition led by Mr Corbyn (or a trusted caretaker) and that such a coalition could command a reasonably comfortable Parliamentary majority. High stakes indeed.
And then there are the court cases challenging the courts right to prorogue Parliament. First instance hearings have taken place in London and in Scotland. Appeals are pending.
Watch our next Constitutional law blog for more on that! We’ll be back!! In the meantime, if would like to find out more about how we can help you in your studies, take a look at our range of revision guides at Law Answered.