Legal chaos could trigger accidental no deal

Lawyers say Parliament’s proposed Bill means Prime Minister has no powers to accept an EU counter offer

AN ATTEMPT by Parliament to direct Theresa May’s attempts to secure a delayed departure from the EU could leave the UK on course for a no-deal exit, a senior lawyer has suggested.

Lord Pannick, a leading QC, said provisions in a Bill drawn up by Sir Oliver Letwin and Yvette Cooper could “damage” attempts to reduce the chances of the UK leaving the EU without a withdrawal agreement.

The barrister, together with Lord Judge, the former Lord Chief Justice, is planning to table an amendment tomorrow that would restore powers for Mrs May to negotiate a new exit date on Wednesday if EU leaders reject the June 30 cut-off. The legislation passed by the Commons last week would legally require Mrs May to ask the EU for a delay up until a date that MPs could specify.

On Friday, the Prime Minister wrote to Donald Tusk, the president of the European Council, seeking an extension of the UK’s membership until June 30, or May 22 if Parliament could agree a deal before then – a plan likely to be ratified by Parliament if the Bill becomes law tomorrow or Tuesday.

But Lord Pannick warned that the Bill, which its backers see as an “insurance policy” against Mrs May changing the plan, would prevent the Prime Minister from accepting any counter offer made at an emergency meeting of the European Council on Wednesday.

EU leaders are minded to offer a long delay, beyond the European Parliament elections, but with a get-out clause if a deal is reached.

Under the current version of the legislation, Mrs May would have to return to seek the approval of MPs for a counter-offer. But Lord Pannick pointed out that she would not have time to do so.

Lord Pannick, who represented antiBrexit campaigner Gina Miller, said: “The laudable aim of the proposers of this Bill is to reduce the risk of a nodeal exit. However, there is a risk that, by reason of the drafting, that laudable objective may be damaged by the Bill, and I am concerned about that.”

Citing the warning by Aneurin Bevan, the former Labour health minister, in 1957 that the UK should not “send a British foreign secretary naked into the conference chamber”, Lord Pannick said: “My concern is that this bill will send the Prime Minister into the Brussels meeting overdressed with legal requirements.”

The amendment by Lord Pannick and Lord Judge will “seek to make clear that this legislation does not affect the Prime Minister’s prerogative powers to seek or agree an extension to the Article 50 period to a date not earlier than May 22”.

Supporters of the Bill have indicated that they would be willing to support the amendment. It is also likely to be backed by the Government.