Friday, 11 September 2020

Brexitwatch: Now Johnson is bragging about breaking the law - time to write to the Queen again


Just over a year ago, I wrote to the Queen to warn her of the danger of becoming an accomplice in Boris Johnson's illegal suspension of parliament (see my post of 30 August 2019, and 13 September 2019 for the Queen's reply).

It is likely that very soon now, the Queen will be asked to approve the UK Internal Market Bill, which by the government's own admission ('boast' may be a more accurate word) reneges on the Withdrawal Agreement Johnson signed with the EU, and support for which was the key policy that won him a general election just ten months ago, and breaks international law. Even prominent Brexiters like Lord (Michael) Howard and Lord (Norman) Lamont are unable to stomach this. 

So I have written to the Queen again, suggesting that her previous contention that 'I have to do whatever the prime minister tells me' is inadequate in a situation in which she is being asked to approve the UK breaking the law. Here is my letter:

Your Majesty,

 A year ago, I wrote to you to warn you of the dangers of simply following the orders of your prime minister. The result of following those orders was that you became an accomplice in an illegal prorogation of parliament. Now very soon, it is highly likely that your prime minister will instruct you to endorse the UK government breaking international law.

 I am sorry this crisis should have come upon when you are in your 90s and when you have given your country a long lifetime of devoted service, but you are The Queen.

 Unlike the prorogation, which Mr Johnson’s government at least pretended they believed was legal, with the repudiation of the Withdrawal Agreement with the EU, your government is actually boasting that it is breaking the law.

 This agreement you will remember was freely agreed to by the prime minister, was approved by Conservative MPs, who refused to allow parliament time to scrutinise it properly, and then became the centrepiece of the Conservative Party’s successful campaign in a general election just ten months ago.

 You very kindly got your deputy correspondence co-ordinator to reply on your behalf to my previous letter, but her assertion that you must always ‘act on the advice of your ministers’ is surely inadequate when they keep telling you to do things that are illegal.

 I would humbly urge you the next time you are instructed to perform or endorse an act that may be illegal to seek your own independent legal advice. Would it not also be wise to seek the views of the leader of the opposition, of the other five living prime ministers, and of previous Lord Chancellors?  

 As I wrote in my first letter: ‘The national interest of our country, and particularly the long-term interest, such as protecting our democracy, is not the same thing as what a particular prime minister or government happens to find convenient at a particular moment. So there needs to be someone in our constitution who plays the role of standing up for the national interest, when necessary, against the prime minister or government of the day.’

 There is no one but you who can do this. These are the most dangerous times the UK has faced since World War Two. Please do not let us down.

 Yours sincerely,

 

John Withington


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