Letwin amendment passes

[Denzil_DC]

8. Lord Dyson (no relation) on how the law stands:

The biggest worry now concerns the Benn Act. This law says that if parliament does not approve a Brexit deal, or no deal, by 19th October, Johnson must request an extension to Article 50. The government has given assurances in the courts that the PM will act in accordance with the law. Yet No 10 has aggressively briefed that Johnson will not seek a delay. If the PM refuses to meet his obligation, would the courts forcefully intervene?

“That is, of course, a possibility,” Dyson said. He told me that Jonathan Sumption, another former Supreme Court justice, was recently asked “a question on whether, if Boris Johnson simply crashed out without a deal in breach of the Benn Act, that would be unlawful, and he said ‘yes it would’—and that’s obviously right. As to what the consequence of that would be, well, he wouldn’t be committing a contempt of court unless the court actually injuncted him beforehand.” As yet the courts have not gone beyond seeking government assurances, but a second hearing is scheduled in the Scottish Appeal Court for 21st October, to assess the situation again and, if necessary, make an immediate order.

“If the courts were persuaded to grant an injunction, and Johnson still nevertheless [refused], then he would be committing a contempt of court for which he could be punished, possibly even sent to prison.”

https://www.prospectmagazine.co.uk/politics/lord-dyson-what-happens-if-johnson-defies-brexit-extension-law-benn-act-parliament-supreme-court