EU ‘flextension’ plan to help clinch the deal

The letter PM was forced to send by law... and the one saying what he really thinks

THE EU is considering a Brexit ‘flextension’ that could last until next year – but will delay a decision until it has seen whether Boris Johnson has Commons backing for his new deal, it emerged last night.

Brussels is still hoping the Prime Minister can deliver on his promise of passing the legislation necessary to turn the deal into law within the next ten days.

This would negate any need for another delay beyond October 31 in the UK’s departure date. Following a meeting of EU ambassadors yesterday morning, one senior diplomat told the Daily Mail this would be the ‘best case scenario’.

Three letters were sent to the EU on Saturday night after the Commons voted to debate Mr Johnson’s Brexit deal further. The Prime Minister sent a letter to the EU requesting an extension, as required by the Benn Act – known formally as the European Union (Withdrawal) (No2) Act – but he did not sign it.

He also sent a second letter – which he signed – to European Council president Donald Tusk, saying that a delay would be a mistake. The third letter was an explanatory one from Sir Tim Barrow, the UK’s ambassador to the EU.

French president Emmanuel Macron is believed to be emphatically opposed to any further unnecessary delay.

But if the deal is voted down this week, or the legislation is scuppered by wrecking amendments, the EU is likely to convene an emergency summit to decide whether to offer Britain another extension – and for how long.

Last night it emerged that one option being considered is to delay Brexit until January 31, as set out under the Benn Act, with the option of the extension dissolving away if the Commons passes Mr Johnson’s deal before then.

The ‘flextension’ could see Britain leave later in November, in December or earlier in January if the deal is passed before the extension ends, say diplomatic sources.

No decision will be made until EU leaders have had the chance to assess the chances of Mr Johnson’s deal getting through the Commons and how long that could take if MPs bombard the legislation with amendments.

According to EU sources, if MPs force a second referendum then countries led by Germany will push for a longer extension, potentially until June next year.

But if it is for any other reason it is unlikely an extension would be granted beyond January 31.

Peter Altmaier, Germany’s economy minister, cautioned against a long extension, saying prolonged uncertainty further endangers jobs and prosperity. ‘If an extension by a few weeks is necessary, I wouldn’t have a problem with it,’ he said.

If the Withdrawal Agreement Bill’s passage through the Commons is relatively trouble-free, but still needs a few days or weeks beyond October 31 to pass, EU leaders are likely to grant a short ‘technical’ extension.

This could be done without them holding a summit via the European Council’s ‘written procedure’, with EU capitals granting approval ‘remotely’ either by letter or email. But if the Withdrawal Agreement Bill meets fierce opposition and looks unlikely to pass, EU leaders may opt for an emergency summit at the end of the month to consider a longer extension. This could last into 2020 if it was for an event like a general election.

The EU is not obliged to offer an extension and the remaining 27 EU leaders have to unanimously agree for a delay to be granted.

Mr Tusk aims to have spoken to all 27 of them by tomorrow to assess their thoughts about another extension. He will then make a call on whether to pencil in a summit before October 31.

The European Parliament is planning to press ahead with its own vote on whether to approve the deal on Thursday.