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Remainers Warn The Queen Must SACK P.M. Boris Johnson if He Loses Commons Confidence Vote and Refuses to Quit

Boris Johnson would 'refuse' to quit No10 if he lost a no confidence motion
Tory rebels could join forces with Labour, SNP and Lib Dems to block No Deal
No10 adviser Dominic Cummings 'laughed' at suggestion Mr Johnson could quit

AP 11 OCT 2019

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Remainers today warned the Queen will have to sack Boris Johnson if he refuses to quit after losing a Commons confidence vote over No Deal Brexit.

Allies of the PM have made clear he will simply refuse to resign if rebel Tories join forces with Labour, the SNP, the Lib Dems and independents to pass a no confidence motion.

Instead of going quietly, Mr Johnson would wait for an election to be triggered and use his executive powers to set the date of an election for after the Brexit date of October 31, so MPs cannot stop the process.

Pro-EU MPs admitted that a legal loophole could allow Mr Johnson to postpone the election date by at least a month - potentially pushing it to late November.

But one senior source told MailOnline the monarch would have to intervene before then if Mr Johnson was playing 'childish games' with the constitution.

'We have an unwritten constitution but there are well established conventions,' the MP said. 'Convention number one is that a PM does not or cannot hold office without the consent of the House of Commons.'

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If Mr Johnson tried to 'bury himself' in Downing Street and tried to stop a new government taking over, the monarch would step in despite the risks of getting embroiled in politics, the Remainer source said.

'The Queen would write him a letter saying he is dismissed,' they insisted. 'She would have to sack him. Of course she would.'

The MP said the behaviour of Mr Johnson's maverick Brexit adviser Dominic Cummings in making threats about defying the constitution was 'infantile'.

Meanwhile, former Supreme Court Judge Lord Sumption told BBC Radio 4's Today programme that the PM did have 'discretion' on setting election dates.

'It is not an unlimited discretion, but I cannot see how the courts could say the PM was not entitled to take political risks into consideration,' he said.

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Can the Queen sack Boris if he loses a no-confidence vote?

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A number 10 source told The Sun: “Boris won’t resign even if he loses a no confidence vote, and it is not within the sovereign’s constitutional powers to make him.

“The Lascelles Principles make this clear. The Prime Minister will advise the Queen of that and she must follow her own Prime Minister’s advice. That’s how this country works.

“We said we will deliver Brexit by October 31, by all means, necessary and we meant it.”

The Lascelles Principles were brought into being in 1950 by Sir Alan Frederick Lascelles - the first Private Secretary to the Queen.

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The principles state a person on the throne can refuse a Prime Minister’s request for a general election.
This happens when three criteria are met

Parliament is still “vital, viable, and capable of doing its job”
An election would be “detrimental to the national economy”
And, if an alternative PM emerges and can govern “for a reasonable period with a working majority in the House of Commons”

However, the Lascelles Principles no longer apply, due to the Fixed-term Parliaments Act which was passed in 2011

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Now MPs, not the Prime Minister, decide whether Parliament will be dissolved for an election.

Even if the Lascelles Principles still applied they would not help Mr Johnson as they support exactly the convention he contests: as stated in paragraph 2.19 of the Cabinet Manual - the prime minister should depart if he loses the confidence of the House of Commons and an alternative leader achieves it.

Should Mr Johnson lose a vote of no confidence and refuses to leave, precedent suggests the Queen can indeed remove him from office.

In 1834, King William IV removed Lord Melbourne due to concerns over the radicalism of some Whig ministers.

In 1975, Australian prime minister Gough Whitlam was dismissed by then governor-general John Kerr - the Australian representative of the monarch - after the senate denied a vote on the government’s spending bills.