Boris Johnson’s government is back in the Supreme Court for the second day of hearings into his decision to suspend Parliament. Judges are waiting for a written statement on what he’ll do if he loses the case, which has the potential to derail his Brexit strategy and even curtail his premiership.
Reporting to the European Parliament on his discussions with Johnson on Monday, European Commission President Jean-Claude Juncker said the risk of a no-deal Brexit on Oct. 31 is now “palpable.” The pound fell.
- Day 2 of court hearings has begun; Click here for live stream
- The third and final day of hearings is Thursday, but the Supreme Court hasn’t given a date for a ruling
- Pound drops as much as 0.5% after Juncker comments
- German BDI industry lobby said it would prefer no-deal Brexit to another delay that doesn’t lead to breakthrough
Denmark Ramps-Up No-Deal Preparations (12:35 p.m.)
Denmark is ramping up preparations for a no-deal Brexit amid concerns at Boris Johnson’s strategy and estimates that divorce without an agreement could cost the Nordic nation as much as 1.3% in lost growth over the next 5-10 years.
“The new British government’s approach is worrying,” Danish Foreign Minister Jeppe Kofod told reporters in Copenhagen as he announced the creation of an emergency task force of officials from eight ministries.
The Foreign Ministry estimates that around 60,000 Danish jobs, or 2% of the labor force, relies on exports to the U.K.. Tax authorities have hired 50 new staff and the government will spend 10 million kroner ($1.5 million) on a new public awareness campaign.
Judges Question ‘Post Hoc’ System of Control (12:20 p.m.)
Two judges challenged government lawyer James Eadie’s suggestion that Parliament could address any harm stemming from its suspension after it is recalled. Justice Brian Kerr called it a “post-hoc system of control,” and Justice Jill Black also questioned the idea.
But Eadie said that Parliament “can resume all the functions of control it had beforehand.” Eadie effectively argued that the 17 days between Parliament is due to be recalled for a Queen’s speech and the Oct. 31 Brexit deadline would be enough to address any issues.
“There is time, and it’s up to Parliament and the government to legislate what they consider necessary,” he said.
Barnier: U.K. Must Provide ‘Robust’ Solutions (11:40 a.m.)
Michel Barnier, the EU’s chief Brexit negotiator, said the U.K. government must accept the need for “legally robust solutions” in any withdrawal accord, and said the two sides shouldn’t be wasting time “pretending to negotiate.”
“We are building a treaty, we’re not making a speech” Barnier told the EU Parliament in Strasbourg. “It’s finding solutions that work, and that’s something that we’ve communicated to Boris Johnson and his team.”
Barnier’s comments echo those of European Commission President Jean-Claude Juncker (see 8:40 a.m.), who demanded the U.K. provide its proposals for an alternative solution to the contentious backstop—the fallback measure designed to keep the Irish border free of checks after Brexit—as soon as possible. A British official said Tuesday the government is still sounding out the bloc on its ideas for the border before submitting written proposals.
Tytti Tuppurainen, European affairs minister of Finland—which currently holds the EU’s rotating presidency—said in the same debate that achieving the U.K.’s orderly withdrawal must remain the bloc’s priority “until the very last moment, given the negative consequences of a hard Brexit.”
German Businesses Toughen No-Deal Tone (11:30 a.m.)
The influential German BDI industry lobby group said it would rather have a hard Brexit on Oct. 31 than accept another delay that leads nowhere, even if—as the group expects—it trims economic growth by 0.5 percentage points and leads to the loss of nearly 100,000 jobs.
“With every delay, the cost of preparations increase,” Director General Joachim Lang said Wednesday at a press briefing in Berlin. He accused Boris Johnson’s government of “playing with fire,” and said it shouldn’t be given an extension without a plan in place to avoid a no-deal split with the EU.
Despite the tougher tone, the BDI, which estimates German companies have spent billions of euros on preparations, said it still sees a no-deal Brexit as the “worst of all possible outcomes.”
Who Better Than Court to Protect Parliament? (11:15 a.m.)
Justice Nicholas Wilson asked government lawyer James Eadie who was “better placed to protect the principle of parliamentary sovereignty” than the Supreme Court.
Eadie replied: “It’s no good simply turning up and shouting about parliamentary sovereignty, because parliamentary sovereignty can mean a number of things.”
The exchange goes to the heart of the case, which is trying to determine whether the government’s five-week suspension of Parliament was unlawful.
‘Treasury Devil’ to Open Day 2 for Government (10:15 a.m.)
James Eadie, the government’s go-to lawyer in major pieces of litigation—a role known as the “Treasury Devil”—is due to kick off the second day of hearings at the Supreme Court. Aidan O’Neill then presents on behalf of 80 Scottish lawmakers, who secured the ruling in Edinburgh that the government’s suspension of Parliament was unlawful.
The government’s main contention is the issue has no place being decided by judges, and that Johnson has acted within his powers. The decision to prorogue Parliament was one of “high policy and politics, and not law,” they argue.
“The appeals would also involve the courts identifying and enforcing a new constitutional convention as to the length of prorogation, which the courts have no jurisdiction to do,” lawyers led by Eadie said in their written arguments.
Both the Scottish and English challengers—who lost their separate case in the High Court in London—argue the issue falls squarely in the jurisdiction of the court to deal with and that Johnson abused his executive powers.
“It is not, and cannot be, right that the executive can exercise its powers so as to remove itself from accountability to Parliament in relation to decisions of high constitutional—and potentially irreversible legal, economic and social—impact,” lawyers for Joanna Cherry in the Scottish case said.
Sturgeon Doubts Johnson’s Brexit Ideas (9:30 a.m.)
Scotland’s First Minister Nicola Sturgeon cast doubt on Boris Johnson’s proposal to replace the so-called Irish backstop, and said the prospects of a Brexit deal “have to be slim.”
“We will have to see what unfolds over the next few weeks, but it’s a very limited form of Northern Ireland-only backstop he appears to be talking about,” Sturgeon told reporters in Berlin, where she is due to meet German officials. “It’s very difficult to see how Boris Johnson can secure a deal that satisfies the European Union and commands a majority” in Parliament.
On the Supreme Court hearings in London, Sturgeon said that a ruling for the government would effectively mean a “government can suspend Parliament at any time it wants.” Conversely, a loss for Johnson would mean he “will have been found to have acted unlawfully” and would have to consider his position.
Speaking at the German Council on Foreign Relations on the fifth anniversary of the Scottish independence referendum, Sturgeon predicted that “over the next few years,” Scotland will become an independent member of the EU. “We are living in extraordinary and unprecedented times in the U.K,” she said.
Juncker: Sticking Point Is Still the Backstop (8:40 a.m.)
In his briefing to the European Parliament in Strasbourg, France, on Monday’s talks with Boris Johnson, European Commission President Jean-Claude Juncker said the main sticking point remains—as it has for months—the so-called backstop provision for the Irish border. He demanded the U.K. provide its proposals for an alternative solution in written form as soon as possible.
Juncker said that while the discussions with Johnson in Luxembourg were “friendly, constructive and, in part, positive,” the risk of the U.K. leaving the bloc without an agreement at the end of October is “palpable.” The pound fell 0.3% after Juncker’s comments.
A British official said on Tuesday the government is sounding out the bloc on its ideas for the Irish border before submitting its plans in written form.
Carney Could Be Asked to Extend Term on Brexit: FT (Earlier)
Bank of England Governor Mark Carney could be asked to extend his term past Jan. 31 if Brexit is delayed again, the Financial Times reported, citing people familiar with the matter it didn’t identify.
The newspaper cited a government official as saying the process of choosing Carney’s successor is going “very slowly,” while an expected election in the fall makes it likely that a decision would not be made until a new government was in place.
Responding to the report, the Treasury said “the process is on track and we will make an appointment in due course.”
