PM faces ANOTHER legal showdown
BORIS Johnson is facing a legal showdown over the three letters he sent to Brussels on the issue of a further Brexit extension.
Campaigners believe the Prime Minister has flouted the spirit of the Benn Act by trying to defeat its main objective of forcing a delay.
An existing court case on the issue, which has been suspended, will be brought back before Scotland’s highest court, Edinburgh’s Court of Session.
Should the Scottish judges conclude that Mr Johnson has attempted to frustrate the law and hold him in contempt, he could theoretically face a fine or even jail.
The Government could then appeal against such a finding, with the matter ultimately ending in the Supreme Court.
The Prime Minister sent the letters following his ‘Super Saturday’ showdown in the Commons. SNP MP Joanna Cherry, who has been involved in bringing proceedings to court, described Mr Johnson’s actions in not signing the first letter and distancing himself from it in the others, as ‘childish’.
She added: ‘Our legal team are instructed to remind the court that as well as promising to comply with the letter of the Benn Act, the PM also promised not to seek to frustrate the purpose of the legislation.
‘It will be for the court to decide whether his actions in failing to sign the letter of request and sending a letter setting out his contrary intentions are in breach of the undertakings he gave them or a contempt of court.’
Scotland’s most senior judge, Lord Carloway, and two other judges will today hear allegations that Mr Johnson broke a pledge made by Government lawyers that he would honour the Benn Act and not try to sabotage the request for an extension. The Government is expected to argue the PM honoured his promises by sending the letter, and that it was lawful for him to simultaneously argue against an extension.
Jeremy Corbyn’s Labour has accused Mr Johnson of ‘behaving like a spoilt brat’. Shadow Chancellor John McDonnell said: ‘He may well be in contempt of Parliament or the courts themselves because he’s clearly trying to undermine the first letter and not signing the letter.’