This week has seen the Labour Party put forward plans to
form a temporary government if the current government loses a vote of no
confidence, which Labour has promised for September. To that end, Labour leader
Jeremy Corbyn sent a letter to the leaders of all the other opposition parties
and senior backbench MPs calling on them to support his attempt to bring down
the Johnson government and delay Brexit. This raises two questions: (i) is it
right that MPs should try to prevent the government from delivering a no-deal
Brexit and (ii) what is the best way to ensure that?
With regard to (i) it is highly likely that the government
will face a no-confidence motion in September. If it wins, we carry on down the
current path to destruction. If it loses, the Fixed-terms Parliament Act of
2011 allows a grace period of 14 days to allow the current administration to
form a government which is acceptable to parliament. If after this time no such
government can be formed, a general election must be called. If Tory MPs were
to vote against their own government, it is constitutionally possible to put a
firebreak in the process. Quite how this will play with the electorate is
another matter. Brexit supporters will be up in arms, accusing MPs of thwarting
the will of the people, and such a course of action will do nothing to heal the
divisions that have widened over the course of recent years.
Clearly this process will have to be handled very carefully.
Unless instructed to do so by the electorate, a new government would not have a
mandate to stop Brexit altogether so those hoping that a new administration will
turn back the clock to 22 June 2016 will be disappointed. At best, a new
government would only have a temporary mandate to prevent a no-deal Brexit on
31 October. Anything else would open it to the same accusation that has been
made of Boris Johnson’s government that it has no authority to pursue its stated
course of action.
With regard to (ii), historical convention dictates that the
prime minister resigns in the event they lose a no-confidence vote. But the
sample size is small: the government has been defeated on such a vote only once
in the last 95 years (1979). Indeed, the law is vague as to whether the prime
minister will be forced to resign. Moreover, the government has control over
the timing of the election date. Thus, if it were to lose a no-confidence vote
in early September it would not have to think about calling an election until
mid-month. If it were to set the date for early November (a seven week campaign
as in 2017), parliament would be dissolved and would not be able to prevent a
no-deal Brexit on 31 October. Consequently, the no-confidence motion could
backfire on those trying to prevent a no-deal Brexit.
Even if a new government were to be formed, it appears that Jeremy
Corbyn would not be the best option to lead it. Jo Swinson, the new leader of
the Liberal Democrats, rejected his plan by suggesting, “Jeremy Corbyn is not the person who is going to be able to build an
even temporary majority in the House of Commons for this task – I would expect
there are people in his own party and indeed the necessary Conservative backbenchers
who would be unwilling to support him.”
She is certainly right about that. In the summer of 2016,
his own MPs tried to remove him and although Labour did better than expected in
the 2017 election, this was as much about rejection of the Tories as about support
for Labour and there is a sense that Corbyn’s time has passed. It is not as
though Corbyn is a noted Europhile: The 2017 Labour manifesto indeed pledged to
implement Brexit, which seemed to have bypassed many younger Labour voters who
looked to Labour to reverse the June 2016 decision, and in the three years
since the referendum, Corbyn has failed to take a stance on Brexit that
Remainers can get behind. From a political standpoint, moderate anti-Brexit
Tories have nothing to gain by supporting Corbyn for they will be vilified by
party members, even those in constituencies which voted Remain.
Whilst it is positive that at least efforts have been made
to come to a cross-party agreement on how to stop a no-deal Brexit, Corbyn is
the wrong man for the job. There have been some suggestions that the likes of
Ken Clarke could command sufficient support to lead a government of national
unity. I have my doubts. But what the events of the last few weeks have shown
is that the Remainers do not have a plan to stop a no-deal Brexit and appear to
be unwilling to stand up and take the drastic action which would be required to
necessitate this. As one Twitter user pointed out,
a lot of what has been discussed “seems
to be unconditional predictions about what will happen, rather than setting out
what the possible permutations of events are.”
I continue to believe that Boris Johnson wants to avoid a
no-deal Brexit and is looking for something to thwart his plans so that he can shift
the blame elsewhere for not delivering on 31 October. I don’t want a no-deal
Brexit either. But sometimes it seems as though the only way Brexiteers can be
made to own the consequences of their actions is that they feel the pain of
failure and endure the wrath of the electorate. It’s a bit like burning down
the house to deal with a vermin infestation: You can get rid of the rats but
have nowhere to live. And as I have consistently maintained since I was first questioned
on the subject in late-2012, “the EU is far from perfect, but life on the outside may be even harder.”
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