5GET WAYS BORIS COULD AROUND THE LAW

THE Benn Act tells Boris Johnson to send a letter to Brussels by October 19 to seek an extension if he fails to agree a withdrawal deal. Here are five ways he could get around the law.

A ‘SECOND’ LETTER

Send the letter but add an ‘explainer’ saying the Government does not really want one.

Would it work? This could be challenged in court because the Act says he must ‘seek to obtain’ an extension. If his ‘explainer’ sought the opposite, it could be ruled unlawful.

ISSUE AN ORDER IN COUNCIL

Sir John Major suggested Mr Johnson could use an ‘order in council’, a type of secondary legislation not requiring parliamentary approval, to suspend the Benn Act.

Would it work? Probably unlawful as it breaches the 1689 Bill of Rights under which the executive cannot suspend an Act of Parliament.

USING BREXIT LEGISLATION

The 2018 EU Withdrawal Act hands ministers the power to make provisions considered ‘appropriate’. The Government may argue this could mean suspending the Benn Act.

Would it work? Probably not. The courts are likely to rule ministerial powers can only be exercised for Parliament’s purpose.

GET EUROPE TO HELP

Mr Johnson could appeal to Europe under the EU Charter of Fundamental Rights, arguing that taking No Deal off the table interferes with ministers’ rights for political expression. Would it work? EU lawyers believe this argument is weak.

VOTE ON DEAL BUT NOT ON LAW

Get MPs to vote for a deal but do not let them vote for legislation to implement it.

Would it work? Unlikely, because Parliament is still sitting and could take control of business and vote through the legislation.