MPs seek way to make Boris Johnson request Brexit extension earlier

Opposition MPs are discussing plans to force Boris Johnson to request a Brexit extension earlier than the current 19 October deadline.

MPs returned to Westminster on Wednesday after the government’s suspension of parliament was declared unlawful.

The Liberal Democrat leader, Jo Swinson, said her party was looking at ways of legislating in parliament to remove the threat of no deal more quickly than the date set out in the Hilary Benn act.

Speaking outside Westminster, she said: “We have a prime minister who has abused our democracy, who has been found guilty of breaking the law, unlawfully proroguing parliament. And so he has proved time and again that he simply cannot be trusted.

“Liberal Democrats will be working with and talking with people across the different parties to find a way to remove that threat of a no-deal Brexit more quickly. It’s vital we do this for our country’s future.”

The idea was backed by the Scottish National party’s Westminster leader, Ian Blackford, who said the party’s aim was to “create the circumstances that we can give that guarantee the article 50 process is going to be extended and we have an early election”.

He added: “If anybody brings forward a bill then of course that’s amendable.”

Blackford, whose party has 35 MPs, said Jeremy Corbyn was the “right and proper” person to lead calls for a Brexit extension and immediate election, but that any future cooperation would be on the proviso that Labour supported a second independence referendum in Scotland.

He said: “Jeremy and John [McDonnell] have made supportive noises over the course of the last few weeks in terms of recognising that.”

MPs have returned to parliament after the supreme court ruled that Johnson’s five-week suspension was unlawful.

(August 24, 2019)  The story breaks

The Observer breaks the story that Boris Johnson has sought legal advice on closing parliament for five weeks 

(August 27, 2019) Leaks spread

Other media organisations begin to receive leaks that Johnson will make a statement on prorogation

(August 28, 2019) Visit to Balmoral

Three privy counsellors, including Jacob Rees-Mogg, travel to Balmoral to tell the Queen of the prorogation plan. Cabinet ministers are informed by conference call

(August 31, 2019) Protests and protestations

Tens of thousands protest against prorogation. Cross-party group of MPs steps up preparation for blocking no deal when parliament makes a brief return

(September 3, 2019) Parliament returns

Parliament returns and the prime minister loses six votes in six days. MPs vote to prevent a no-deal Brexit, and refuse Johnson's attempts to force them into a general election.

(September 6, 2019)  Gina Miller case fails

Legal campaigner Gina Miller vows to continue her “fight for democracy” after the high court dismissed her claim that the prime minister acted unlawfully in giving advice to the Queen to suspend parliament at a time of momentous political upheaval.

(September 9, 2019) Parliament dissolved

Parliament is dissolved amid chaotic scenes as some MPs hold up signs saying they have been silenced, try to prevent Speaker John Bercow leaving the chamber, and  sing the Red Flag.

(September 11, 2019)  Scottish court ruling

The court of session in Scotland rules that Boris Johnson’s decision to prorogue parliament for five weeks was unlawful. The case will go to the supreme court.

(September 17, 2019)  Supreme court hearing

The Supreme court begins three-day hearing to join together all the appeals and legal challenges to the prorogation.

(September 24, 2019) Supreme court finds prorogation was unlawful

The judges unanimously decided that prorogation was justiciable, and it was in the power of the court to rule on it. They additionally found that the prorogation was unlawful, as it had the effect of preventing parliament from being able to carry out its constitutional functions. The court found that the prime minister’s advice to the Queen was unlawful, void and of no effect. Their unanimous judgement was that parliament had not been prorogued.

(September 25, 2019) 

Parliament goes back to work.

It is understood opposition parties could seek to amend the European Union (Withdrawal) (No 2) Act 2019, which was introduced by Benn, the Labour chair of the Brexit select committee, and passed this month before Johnson suspended parliament.

The act gives Johnson until 19 October to either pass a deal in parliament or get MPs to approve a no-deal Brexit. If he fails to do either then he will be forced to ask for an extension to the UK’s departure date from 31 October to 31 January 2020.

With no working Commons majority for the government, MPs are emboldened to try to use their numbers and legislative tactics to force Johnson to act.

The shadow cabinet met on Wednesday morning to consider Labour’s tactics.

Corbyn is keen to secure a general election as soon as possible, once the threat of a no-deal Brexit on 31 October has been definitively ruled out – though some Labour MPs would prefer a referendum to be held first.

If an extension is requested and agreed before 19 October, Labour would then be likely to support a general election. Corbyn gave a rousing speech at Labour’s conference in Brighton on Tuesday, urging party activists to “go forward to win an election for the people of this country”.

His close ally Richard Burgon said on Wednesday that Labour would support an election, “once the extension preventing no deal is nailed down” – which he said could be “right after the EU summit. Or sooner if the extension is sorted before”.

Swinson said: “There’s various different ways we can do this and I think if anything has been shown in the last few weeks and months it’s that parliament can be innovative and inventive.

“We saw in September the House of Commons take control of the order paper to pass a piece of legislation and that’s the type of way forward that may well enable us to take the threat of a no-deal Brexit off the table much sooner than 19 October.”

Related: The Brexit crisis: what is the state of play between the parties?

There is mounting concern among some MPs that the Benn act may contain legal loopholes and that there are several weeks remaining until no deal is officially removed as a threat.

Other ways MPs might box in the prime minister and compel him to act over Brexit emerged on Wednesday morning.

Remain-backing MPs could apply to the high court asking for a government official to go to Brussels if Johnson has not brought back a deal by 19 October and refuses to request an article 50 extension.

It is understood that an application would be made at the Royal Courts of Justice to direct a high-ranking civil servant, possibly the cabinet secretary, Mark Sedwill, to carry out parliament’s duty.