Thread by @SpinningHugo

Short thread on the PM's duty to resign, and Cummings' nonsense from the weekend.

Or how to stop no deal Brexit.

/1

First, the Fixed-term Parliaments Act is of no relevance on the PM's duty to resign. It fixes Parliaments, not governments (see its name).

The Act makes Cummings' wheeze harder as the PM has no control over election date, Parliament does.

/2

There are only two ways the legislature can stop no deal Brexit by a determined Johnson government.

The first is legislation, something like the brief legislation I suggested below would still work

/3

spinninghugo.wordpress.com/2019/01/18/cha…

The problem with that is finding the time. Traditionally the government controls the timetable of legislation. Quick legislation has been passed, but here there would be determined obstruction which might stop it even if Bercow proved flexible.
/4

Legislation may however be the preferred option of Tory rebels however, because the only alternative is a vote of no confidence, and replacing Johnson as PM with a Pm prepared to ask for an extension.

/5

An extension does not require legislation (see the last one). Revocation does. There is no serious argument to the contrary to this, and those arguing that there are doubts about this are, politely, confused.

/6

A VONC does not necessarily trigger a General Election. Only such a vote in conformity with the terms of the FtPA does that.

A VONC does not trigger a duty on the PM to resign (I think) unless there is someone else better placed to command confidence of the Commons.

/7

So, what is desperately needed, and now, is for anti-no deal Brexit MPs to coalesce around a compromise *temporary* candidate for PM.

/8

Practically, the biggest problem is the Leader of the Opposition. He is not such a person. There are MPs (including some Labour MPs) who would not wish him to be PM under any circumstances.

So, to avoid no deal, it is vital that Corbyn accepts that another person must be PM.

/9

The legal barrier is that the duty to resign on the PM is conventional, it is unenforceable in court.

What if PM Johnson broke with his conventional duty and refused to resign?

spinninghugo.wordpress.com/2017/06/12/may…

/10

To guarantee against this, and to ensure that HMQ had no choice but to appoint our temporary Stop Brexit PM, the VONC should ideally identify that person.

/11

eg

""This House, not wishing a General Election and wishing to stop a no deal-Brexit, has no confidence in her Majesty's Government, and calls for the formation of a new Government led by the member for [X}."

/12

Ideally such an administration should only last for the purpose of the extension of art 50, we could then have a GE. I'd suggest a Tory whose career is over, is authoritative, and is expendable because not wishing to stand in the subsequent GE.

Clarke, currently 100/1

/13

But who that person is doesn't matter. What does is that MPs start talking names NOW. It isn't ok to just have a VONC if Johnson can reasonably say "there is nobody better placed than me."

/ends