A Scottish Conservative MSP has said Boris Johnson must resign rather than break the law by forcing through a no-deal Brexit.

Adam Tomkins, a former law professor, said that the Prime Minister has to resign if he refuses to obey the law in the wake of MPs passing a Bill to prevent the UK leaving the EU on October 31 without a deal.

In a series of tweets on Saturday morning, Mr Tomkins said: “Irrespective of what we think about Brexit, or the PM, surely we can all agree on one fundamental principle: the government is bound to obey the law.

“If the law compels the PM to act in a certain way, and if the PM refuses so to act, he has only one option: to resign his ministry. It really is as simple as that.”

MPs in Westminster, including more than 20 now-sacked Conservative rebels, voted in favour of a bill designed to prevent a no-deal Brexit, which has since been passed by the Lords and is due to pass into law.

The legislation compels the Prime Minister to ask the EU for the Brexit deadline to be extended beyond 31 October if no deal is agreed by the UK and Brussels by October 19.

However, Mr Johnson has said he would “rather be dead in a ditch” than ask for a delay.

Mr Johnson was also defeated in his attempts to call a general election, failing to muster the two-thirds majority of the House of Commons required under the Fixed Terms Parliament Act.


Commenting on the situation, the SNP’s deputy leader in Westminster, Kirsty Blackman MP, said: “Boris Johnson must make clear he will respect the law, respect democracy, and take the threat of a catastrophic no-deal Brexit off the table. If he cannot – he must resign.

“With Westminster in crisis and Tory splits deepening, the question is – if the Prime Minister’s own party cannot tolerate his government why should Scotland be expected to?

“Instead of always voting for an extreme Brexit, against Scotland’s will, the Scottish Tories must now step up and join the SNP in working to stop Brexit and protect Scotland’s interests.

“Once the threat of no-deal is off the table, there must be an election. When that election comes, the SNP will put Scotland’s opposition to Brexit and our right to choose our own future as an independent nation at the heart of that contest.”