Friday 8 July 2022

Johnson announces his departure

Downing Street 7 July:

In Downing Street on Thursday 7 July 2022, the Prime Minister (Boris Johnson) stated - "It is now clearly the will of the parliamentary conservative party that there should be a new leader of that party and therefore a new Prime Minister."

Johnson went on to say that the process of choosing that new leader should begin now. Here is Johnson's statement in full as published by the Prime Minister's Office - Boris-johnsons-statement-in-Downing-Street-7-July-2022

I never wanted to see Johnson as Prime Minister because, in ways too numerous to list here, he has demonstrated over his working-life unsuitability for office. Johnson's career

is well-documented in many places such as in this BBC article by Brian Wheeler (7 July 2022) - Boris Johnson: The prime minister who broke all the rules - BBC News.

The Johnson government:

Although Johnson is credited by supporters with getting Brexit "done" it was done in a way that poses considerable future economic and political difficulties not least in relation to Northern Ireland - Law and Lawyers: Not "Get Brexit done" but "Make Brexit work" (obiterj.blogspot.com)

There is also an illiberal strand to the government which has achieved legislation to make judicial review harder - Law and Lawyers: Judicial review ~ Quashing orders (obiterj.blogspot.com).  Judical review is a crucial legal process for keeping government within the rule of law.

Protest, without breaking the criminal law, has become very difficult no matter how egregious the reasons for the protest - Law and Lawyers: Public Order - yet another Bill ... (obiterj.blogspot.com)

The Bill of Rights Bill is regressive. In the view of most serious commentators, it will become harder for citizens to uphold their human rights against government and other public authorities - Law and Lawyers: Bill of Rights Bill - further material (obiterj.blogspot.com)

Resignations from government posts:

Johnson's Downing Street announcement came after 59 MPs resigned from various government posts ("the payroll vote"). [They may be entitled to "severance pay"].

A total of 82 MPs have left government positions since Johnson became PM in 2019 but, significantly, 59 resignations over two days - 5 to 7 July. The floodgates began with Sajid Javid (Health Secretary) and Rishi Sunak (Chancellor of the Exchequer), both on 5 July. They were followed by 57 other resignations - Full list of UK government resignations (rte.ie)

The final straw for many of those who had previous tolerated and supported Johnson was the PM's appointment of Chris Pincher MP as Deputy Chief Whip despite Johnson having knowledge of serious allegations against the MP - see Letter from Lord McDonald to Parliamentary Commissioner for Standards and the Urgent Question debate on 5 July 2022. - Standards in Public Life - Hansard - UK Parliament. There is also an interesting opinion piece published by CNN -  Opinion: What finally sunk Boris Johnson - CNN and a timeline of allegations against Pincher -The Guardian 4 July

Johnson remains and a new Cabinet:

Johnson remains as Prime Minister for the time being and he has been able to form a new Cabinet and appoint other Ministers - Ministerial appointments: July 2022 - GOV.UK (www.gov.uk).

The Conservative Party continues to be in power. They control their own process for choosing their next leader. This means that, at least for now, they have control over who will become the next Prime Minister because, by constitutional convention, HM The Queen will appoint as PM whoever emerges as leader. 

Leadership - selection process:

The process for choosing the next conservative leader will be the subject of a timetable to be set by the party. The process is set out in this helpful House of Commons library briefing - Leadership Elections: Conservative Party - House of Commons Library (parliament.uk) and is discussed by the Electoral Reform Society at How do Conservative Party leadership elections work? – Electoral Reform Society – ERS (electoral-reform.org.uk)

The Reform Society states that - "The system is ripe for intrigue and tactical voting". 

However that may be it is worth noting that the system gives the final vote to the party membership which, in 2019, stood at around 180,000 - Membership of UK political parties - House of Commons Library (parliament.uk). Arguably, it would be preferable if voting in party leadership elections was confined to MPs alone. That seems, at least to me, more consistent with a parliamentary democracy. 

Unease:

There is considerable unease, including within the Conservative Party, at the fact that Johnson could continue as Prime Minister until the autumn unless the leadership process is significantly speeded up. Parliament goes into summer recess on 21 July 2022  and is not planned to return until 5 September. Party conferences then follow from 22 September to 17 October.

Given a possible lengthy period until a new leader is chosen there is some debate over what a government led by Johnson might properly do but, as far as the law is concerned, he is still PM and the government is in place and, provided Parliament permits, it can press on with its legislative programme and could announce new policy initiatives. See the discussion at A Boris Johnson caretaker government can cause real problems  | The Institute for Government

Against that is the view, expressed by Robert Buckland MP - (now Welsh Secretary) - that there should not be new policy announcements until a new leader / PM is in place - PM now has no authority for new things – Welsh Secretary - BelfastTelegraph.co.uk.

A Vote of Confidence?

There is a possibility that the Opposition will table a vote of confidence - Keir Starmer’s ultimatum: Go now, Boris, or I’ll bring no confidence vote in Parliament (telegraph.co.uk). At the time of writing, the precise terms of such a vote are not known. It could be a vote of confidence in the government or, perhaps, just in the Prime Minister.

Confidence motions are discussed in an article updated on 7 July 2022 by the Institute for Government - Confidence motions and parliament | The Institute for Government.

The Institute notes that, if a Confidence Vote in the Government is lost by the government,  then - " ... it can either resign in favour of an alternative government taking office or it can seek a dissolution. Although prime ministers have many times resigned office in the past, it  is more likely now that they would seek a dissolution rather than hand the reins to the opposition party. In the last four occasions when governments have lost confidence motions, they twice led to the resignation of the government (in 1895 and January 1924) and twice to requests for a dissolution (October 1924 and March 1979)."

Is it all constitutionally proper?

The entire situation seems to be in accordance with the UK's constitutional arrangements but this is not a typical change of party leadership due to the reasons behind the many resignations from government. A man who has lost the support of many in his own party is still permitted to continue in post as Head of HM Government and may do so for a lengthy period. 

The party has a Deputy in Dominic Raab MP who, it has now been announced, does not intend to stand for the party leadership. He, or another non-candidate, could take over forthwith. 

Johnson could tender his resignation to the Queen and she could then appoint another. Perhaps a more "honourable" individual would insist on that course and, after all, he is the author of his own misfortune.

8 July 2022

Additional Links:

Scandalous legacy: as Johnson heads for the exit, many issues remain unresolved | Boris Johnson | The Guardian 9 July

Top Tories resist moves to speed up replacing Boris Johnson as party leader | Conservatives | The Guardian

Boris: going, going, not gone – Channel 4 News

10 July 2022

An interesting view from Catherine Haddon of the Institute for Government - The UK’s unwritten constitution is put to the test by Johnson’s unprincipled acts | Politics | The Guardian - In keeping with his entire tenure in No 10, Boris Johnson’s departure from the premiership is proving a test of the UK constitution’s heavy reliance on convention and principle. His final weeks or months in the job provide yet more questions about what the UK does with its constitution in the post-Johnson era.

29 August 2022

Boris Johnson wants to ‘do a Berlusconi’ back to power, says Rory Stewart | Boris Johnson | The Guardian

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