SO WILL BORIS ASK FOR BREXIT DELAY?
Confusion as court papers suggest he IS prepared to seek an extension – but PM insists we’ll leave on time
BORIS Johnson insisted last night that he would not delay Brexit – despite government legal papers suggesting that he was prepared to ask for a postponement if he could not secure a deal.
Scotland’s highest civil court was told yesterday that the Prime Minister accepted that he must send a letter requesting an extension if a deal has not been agreed with Parliament by October 19.
But in a forthright tweet last night, Mr Johnson wrote, ‘New deal or No Deal – but no delay’, and insisted he would ‘Get Brexit Done’.
Under the terms of the so-called Benn Act – which he has nicknamed the ‘Surrender Act’ – the PM must send a letter to the EU asking for a Brexit delay if he cannot get a deal through Parliament. Downing Street has repeatedly suggested that if he cannot get a deal, it will comply with the law while still leaving the EU on October 31. It has not explained how.
Downing Street sources insisted yesterday that any delay to Brexit could still be avoided, arguing that the Act only imposed a ‘very specific narrow duty concerning Parliament’s letter requesting a delay’ and that it didn’t stop the Government ‘doing other things that cause no delay’.
At a meeting last night, Mr Johnson’s de facto chief of staff, Dominic Cummings, told advisers that the extension letter was ‘Parliament’s letter not the Prime Minister’s letter’.
He suggested that there were ways to comply with the Act while not delaying Brexit. And he said that if serious talks with the EU did not commence next week then a deal is ‘not going to happen’. It came as:
The EU Commission appeared to deal a fatal blow to Mr Johnson’s Brexit proposal when a spokesman said they ‘do not provide a basis for concluding an agreement’.
Government sources accused the EU of trying to bounce the UK into accepting a Northern Ireland- only backstop, but added: ‘We are absolutely not letting that happen.’
No 10 drew up plans for a crunch Commons Brexit vote on Saturday, October 19 if a deal is agreed at an EU council summit that week.
In a bid to flush out Downing Street’s position on the Benn Act,
‘You could go to prison’
We are getting ready to come out on 31 October... do or die, come what may Boris Johnson, June 25
I would rather be dead in a ditch The PM on September 6, when asked if he would request an extension
anti-Brexit campaigners have begun a legal action in Scotland to try to get a court order to force the PM to comply with the Act.
The legal action, which is led by businessman Vince Dale, SNP MP Joanna Cherry QC and tax lawyer Jolyon Maugham asks the Court of Session for an order to require Mr Johnson to seek an extension to Article 50 to avoid No Deal.
Yesterday, government papers submitted to the court appeared to confirm that if no deal has been agreed, Mr Johnson would indeed send a letter to the EU asking for a Brexit delay, as required by the legislation.
Mr Maugham claimed the Government’s submission showed he would not frustrate attempts to get an extension. He added: ‘We want to see the courts tell him that “unless you send the letter, no later than October 19, unless you cease trying to frustrate Parliament’s intention, there will be personal consequences for you, you could go to prison”.’
Mr Johnson has insisted he will get Britain out of the EU on October 31 ‘come what may, do or die’ and that he would rather be ‘dead in a ditch’ than delay. But he has never spelled out how he will get around the law.
That has fuelled speculation that government lawyers have identified loopholes in the Act.
Andrew Webster QC, representing the Government, said the documents were a ‘clear statement’ showing what the PM will do.
He argued that there is no need for an order to be made forcing a letter requesting an Article 50 extension to be sent under the terms of the Benn Act, because the court has it on record that it will be sent. The court will announce its decision on Monday. Last night Brexit Party leader Nigel Farage claimed the court documents showed Mr Johnson was saying things that ‘are not true’.
In Brussels, UK hopes for intensive talks in the coming days appeared to be dashed. Mr Johnson presented his Brexit proposal on Wednesday, calling it a ‘reasonable compromise’.
It proposed leaving Northern Ireland in the single market for goods and agriculture, and for customs checks between Northern Ireland and Ireland.
Insiders expect Mr Johnson to travel to EU capitals next week to lobby for his deal. His chief Brexit negotiator David Frost is staying in Brussels over the weekend in the hope of continuing discussions.
But last night Brussels officials dismissed requests for meetings saying there was ‘nothing useful that could be done this weekend’.
And an EU Commission spokesman said member states had agreed that ‘the UK proposals do not provide a basis for concluding an agreement’ after a briefing from chief negotiator Michel Barnier.
Dublin’s position also appeared to harden. Irish deputy prime minister Simon Coveney said: ‘We don’t see how the proposal to have two different customs territories on the island of Ireland can avoid customs checks between those territories.’