The Courier & Advertiser (Perth and Perthshire Edition)
Waiting game for judges to see if Johnson complies with Benn Act
Judges at Scotland’s highest civil court are waiting to see if Boris Johnson fully complies with the Benn Act in seeking a Brexit extension before making a decision on whether he has broken the law.
At the hearing before the Court of Session in Edinburgh yesterday, it was accepted the prime minister had observed part of the legislation by sending the request by letter to the EU.
This is despite the fact he did not sign it and also sent a second letter – which he did put his name to – that said a delay would be a mistake.
Petitioners including businessman Dale Vince, Jolyon Maugham QC and SNP MP Joanna Cherry QC have now been granted a request by three of Scotland’s most senior judges to postpone any decision to see if the terms of the act have been fully carried out.
This includes waiting to see if any potential extension granted by the EU is accepted by the prime minister.
Aidan O’Neill QC, representing the petitioners, described the manner in which the letter was sent as “unusual”.
He added: “We don’t know when the EU will come back with a response for the request.
“So it depends on it coming back and ensuring the prime minister carried out the duties imposed upon him within the Benn Act.”
Mr O’Neill claimed there was a breach of the principle that Mr Johnson would not try to frustrate the purposes of the legislation, but this would also be for the court to decide at a later date. Judge Lord Brodie said: “I think it is fair to say it was a very carefully written letter.”
Mr O’Neill said the prime minister was “sailing very close to the wind” and “not entirely in accord with the spirit” of the act by sending the second letter, in which he said an extension would “damage” the UK’s interests.
The case could also be made null if Parliament accepts the withdrawal deal brought to it by the prime minister.