Brexit: Boris Johnson could ignore law blocking no deal, senior Tory minister admits

A senior cabinet minister has suggested Boris Johnson could defy legislation to prevent a no-deal Brexit if it is forced through parliament by rebel MPs.

The prime minister was accused of presiding over an “elective dictatorship” after his ally Michael Gove refused to guarantee the government would obey a bill barring the government from pursuing a disorderly departure.

In an astonishing admission, Mr Gove said “let’s see what the legislation says” when asked repeatedly whether the government would accept rebel legislation.

Tensions have hit boiling point in Westminster ahead of a momentous week, as cross-party MPs are braced to go to war with the government over no deal.

A rebel alliance, including several ex-Tory cabinet ministers, is expected to try to seize control of the order paper on Tuesday, in order to force through a backbench bill to delay Brexit before parliament is suspended the following week.

The prime minister has warned he will sack Tory MPs who fail to vote with the government, after holding crunch talks with party whips at his Chequers retreat on Sunday.

But sources close to the rebel group suggested it was too late for “threats and sweeteners’,’ as former justice secretary David Gauke said the national interest must come first.

Jeremy Corbyn will also summon the shadow cabinet for emergency talks on Monday, before making a speech where he will declare Labour will do whatever it takes to “pull our country back from the brink”.

Mr Gove heightened fear and paranoia over the prime minister’s agenda when he suggested the government might defy legislation blocking a no-deal Brexit.

Asked repeatedly if the government would abide by legislation preventing a no-deal Brexit, he told The Andrew Marr Show: “Let’s see what the legislation says.

“You’re asking me about a pig in a poke. And I will wait to see what legislation the opposition may try to bring forward.”

The chancellor of the Duchy of Lancaster hit back at pro-EU MPs, who he accused of being in “denial of democracy”.

The comments drew a ferocious backlash, with opposition MPs left shaken by the idea the prime minister could simply refuse to obey legislation compelling him to seek an extension to the 31 October Brexit deadline.

Sir Keir Starmer, the shadow Brexit secretary, said: “For ministers not to confirm that this government will accept and comply with legislation lawfully passed is breathtaking.

“The prime minister must make a statement on this straightaway. No government is above the law.”

His shadow cabinet colleague, John McDonnell, said it was “a startling move beyond anything we’ve ever seen’.’

He added: “The Johnson government is becoming an elective dictatorship.​”

SNP leader Nicola Sturgeon said: “We now have a UK government that can’t/won’t say a simple ‘yes’ to the question: will you abide by the law?

“Not so much prorogue as just plain rogue.”

Tory MP Guto Bebb, a former minister, said Mr Gove’s comments were ‘a disgrace to our democracy’

But Downing Street doubled down on Mr Gove’s claims, with a source saying: “We will look at how we respond to legislation if and when it is successful.”

The prime minister has turned up the heat on rebellious ex-ministers, urging Tory MPs to back him or see Jeremy Corbyn “plunge the country into chaos”.

On Sunday, he summoned Tory whips to Chequers to hammer out tactics for the week, where they discussed sacking any MP who voted with the rebel alliance.

Planned talks with some 15 rebels, including Philip Hammond and David Gauke, were scrapped on Sunday night by the chief whip due to diary issues, prompting anger from the Tory MPs.

A source close to the group said: “Aside from being deeply discourteous, todays behaviour shows this is not a government interested in compromise. These MPs want proof that there is a genuine and sincere attempt to get a deal. The fact that the prime minister isn’t even prepared to meet them suggests there isn’t.”

Mr Gauke, one of the leading rebels, told Sky News “the national interest has to come first”, in a sign he was preparing to defy the government.

A source close to the rebels described threats of deselection as “sheer hypocrisy”, and pointed to the fact that several cabinet ministers have defied the whip on Brexit this year, including the prime minister.

“This is about the national interest, and we have moved beyond the point that threats or gongs will persuade people they should abandon their principles,” the source told The Independent.

“It’s frankly pretty late to try and start a whipping operation now.”

The prime minister insists rebellious MPs are scuppering his chances of securing a fresh agreement with Brussels, as he claimed there were “signs of progress” with Brussels following his meetings with European leaders in recent weeks.

But Michel Barnier, the EU’s Brexit chief, poured cold water on the prime minister’s claims, saying he was “not optimistic” over avoiding a no-deal Brexit.

“On the EU side, we had intense discussions with EU member states on the need to guarantee the integrity of the EU’s single market, while keeping that border fully open,” he wrote in The Daily Telegraph.

“In this sense, the backstop is the maximum amount of flexibility that the EU can offer to a non-member state.”

His refusal to shift on the Irish border backstop casts doubt on the prospect of a new Brexit deal, as the prime minister has described the mechanism as “anti-democratic” and ruled out its inclusion in any agreement.

On Monday, Mr Corbyn will set out his intentions to work across party lines to thwart a no-deal Brexit.

Mr Corbyn is expected to say: “We are working with other parties to do everything necessary to pull our country back from the brink.

“Like all progressive change, democracy was won from below – it wasn’t handed down from above.

“So when a prime minister who hasn’t won an election and who doesn’t have a majority decrees that parliament will be shut down because he knows his plan for a disastrous no deal doesn’t have the votes, we say that is an attack on democracy which will be resisted.”