Brexit: It’s an English Civil War . . . and the Geneva Conventions don’t apply – Kenny MacAskill

It’s not Cavaliers versus Roundheads this time round, but Scotland is still being dragged into the fight, writes Kenny MacAskill

It was appropriate that Boris Johnson was in America when the Supreme Court's decision was announced, says Kenny MacAskill. Picture: PA

The English Civil War continues with the Supreme Court slaying Boris Johnson’s Parliament prorogation. Participants have changed since 17th century Cavaliers and Roundheads but once again Scotland’s involved. This time it’s the British establishment epitomised by the Supreme Court and Parliament pitted against arriviste insurgents under Boris Johnson.

Many of the latter are from the establishment themselves, already being wealthy and well connected. But they’ve broken ranks to try to topple the status quo for their personal gain and further self-advancement. They’ve a plan for a new order every bit as much as Cromwell had but it’ll be no commonwealth.

For the real tragedy south of the Border is how so many working people, who’ll be devastated by Brexit, have been duped into believing it’s their struggle and that the challengers are fighting for the common folk. That certainly isn’t the case, though it’s not been helped by the vacillation of Jeremy Corbyn that sadly continues.

England’s bitterly divided but the established order’s fighting back. That was confirmed by Sir John Major’s intervention in the legal case, as well as the fracturing that’s taking place in the Tory Party. It’s not being fought in the field with musket and sword but in Westminster and the Courts. As with all wars, though, it’s also forging some strange alliances as the radical Gina Miller and the doughty nationalist Joanna Cherry argue in support of an institution they undoubtedly both question.

Wars are ever thus and last time Presbyterian Scotland found itself fighting for a Catholic King, preferring the devil they knew and the promises extracted to what might be. Given the brutality of Cromwell in Scotland let alone in Ireland that appears understandable and prescient. As the supposed Lord Protector laid waste to Scotland in battle, so would the Brexiteers with social and economic devastation.

For that reason, Scotland’s involved in this English Civil War. The executive has been overrun with Johnson’s election but the legislature has fought back and the third pillar of governance in the courts has sided with them. It’s going to run on as Johnson and his cronies have no intention of surrendering in the face of defeats whether in parliament or court; and they don’t fight by the normal rules. As the Geneva Convention didn’t apply at the Battles of Dunbar or Naseby, there’ll be no acceptance of parliamentary conventions by Johnson. Where normally a Prime Minister would have resigned forthwith, taking his government with him, he continues to brazen it out.

It was appropriate that he was in America when the decision was announced. Every day of his tenure he becomes more of a mini-me of Donald Trump. Narcissistic, bumbling yet brutal and possessed of not even a scintilla of shame. His response to the court judgement was evident of that, even if predictable. He can regret the decision and rue it but he shouldn’t criticise it. It’s the law and he’s meant to be in office to uphold it. But they don’t live by those rules.

Governments are frequently held in check by the courts and it’s frustrating. I’ve been there myself and recall cases where the Scottish legal establishment was also dismayed by a Supreme Court decision. It turned Scots Law on its head on detention, causing great difficulties for police and courts. But they accepted it as did I, as I was required to do. You just get on with it. Indeed, I recall making comments about the Supreme Court that I bitterly regretted. I quickly spoke with our most senior judge to apologise and assure him of my fidelity to the rule of law. Indeed, thereafter I also met with Supreme Court judges on several occasions before whom I was suitably humbled. They were personable and impressive, very bright and thoroughly decent. It’s a new bench now but it’s made of the same quality and standard.

And so, the war continues. Hopefully others south of the Border will break cover and expose Johnson and the charlatans that surround them for what they are. Business needs to speak out more about impending doom and good people need to stand up for the institutions they claim to venerate. Other Tories need to find the courage not just of Gina Miller and Joanna Cherry but of Rory Stewart and Dominic Grieve.

If the Mother of Parliaments and the Rule of Law are to have any meaning south of the Border then the sooner this government’s gone the better. It’s an English Civil War but it’s also Scotland’s fight. How ironic that defending age-old British institutions is necessary for Scottish Nationalists before the battle takes place on independence.