SENDING the Queen to the EU to request an extension to Brexit and prevent a no-deal being forced through by the next prime minister is a "ridiculous idea", a former Supreme Court justice has said.
Lord Sumption criticised the notion after it was reported that senior Tories have touted using a parliamentary device known as a humble address to get the monarch to act.
The suggestion is an example of the extraordinary resistance front-runner Boris Johnson may face if he attempts to force through a deal-less departure against the will of MPs.
READ MORE: Tories may opt for 'nuclear option' to block Boris Johnson Brexit plan
Newsnight reported that the Queen could be asked to exercise her right as head of state to travel to the next EU summit and seek a delay to Brexit if the next PM ignored a vote rejecting no-deal.
Lord Sumption told BBC Radio 4's Today programme: "I agree, it's a ridiculous idea.
"I think, first of all, that MPs putting forward a particular point of view should pipe down on the question of bringing the Queen in because that very fact puts her in an awkward position and makes it more difficult for her and reduces her options."
He also called for the Queen to have a source of advice independent of the Government on the limits of ministers' powers.
Lord Sumption, who has retired from the top court, said the constitutional basis on which the Queen must listen to the Privy Council is that the Government commands a majority in the Commons, which it does not.
"So, using the powers of the crown to defeat the majority is a very strange idea. But we're in an entirely new territory," he said.
The reported manoeuvrings against a potential Johnson premiership are the latest apparent attempts to thwart his authority.
He has refused to rule out suspending Parliament in order to ram home a no-deal exit unlike the Tory leadership race underdog, Foreign Secretary Jeremy Hunt.
But the scale of the task was exposed in the Commons on Thursday when Cabinet ministers expecting to return to the backbenches under his leadership sent a firm signal.
READ MORE: Boris Johnson won't meet Nicola Sturgeon at Bute House on first trip to Scotland as PM
MPs voted by a majority of 41 to back a measure that could prevent Johnson suspending Parliament in order to force through a no-deal Brexit, with 17 Tories rebelling.
Crucially, Chancellor Philip Hammond, Justice Secretary David Gauke, Business Secretary Greg Clark and International Development Secretary Rory Stewart did not take part in the vote.
The quartet could be a thorn in Johnson's side as he struggles with an administration propped up by the DUP.
The majority could be reduced to just three if the Conservatives fail to hold Brecon and Radnorshire in the August 1 by-election.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel