BREAKING NEWS

Remain lawyer reveals legal loophole that sees UK exit EU on 31st October with a WTO Brexit

17 September, 2019
David Clews

There have been reports circulating that the Hilary Benn amendment to stop a No Deal Brexit is an extremely flawed piece of legislation. Top Remain QC Jolyon Maugham who has raised numerous cases against Brexit is now deeply worried that we could see a no deal Brexit on the 31st of October meaning the Remain establishment is in full panic mode. The Independent said:

Boris Johnson could bypass a law stopping him from delivering a no-deal Brexit by exploiting a major loophole in the legislation, a legal expert has claimed.

Jolyon Maugham, a barrister and anti-Brexit campaigner, said there was “a flaw” in the so-called Benn Act, passed by parliament earlier this month, that could force MPs opposed to no-deal to take “counter-measures”.

The suggestion prompted speculation that Mr Johnson could tell Eurosceptic Tory MPs in the European Research Group (ERG) to vote for a deal while privately promising that he would not implement it. The prime minister hosted a dozen Tory MPs at Chequers on Friday.

Mr Maugham said the 2018 EU Withdrawal Act lays out “further obligations” that the government must meet before a deal can be fully ratified, including a new law implementing the agreement.

He wrote: “Summing up, if the Commons approves the withdrawal agreement but these further obligations are not satisfied before 31 October 2019, then two consequences follow. First, the Benn Act will not apply to require the PM to request an extension from the EU. And, second, we will leave with No Deal.

“So, imagine the PM says privately to the ERG ‘support my withdrawal agreement and I will deliver no-deal.’ In those circumstances, with the help of some Labour MPs, the Commons might approve even Theresa May’s withdrawal agreement

“The PM would thus have escaped the obligation in the Benn Act to request an extension and could deliver no-deal.”

Mr Maugham speculated that Mr Johnson could suspended parliament again once MPs had voted in favour of a Brexit deal, thereby bypassing the Benn Act but denying his opponents the opportunity to pass further legislation blocking no-deal.

The barrister said he had discussed the loophole with MPs and urged them to take “counter-measures”. This should include refusing to vote for any Brexit deal before 19 October, he said, adding: “Those who want the Withdrawal Agreement should refuse on the basis that, by voting for it, they may well be delivering No Deal.”

He said Mr Johnson would then be forced to request a Brexit extension until 31 January, leaving plenty of time for the withdrawal agreement to be approved and fully ratified, if MPs agreed to it.

According to reports only Boris & 3 other individuals at the heart of Government know of a ‘secret weapon’ that could see us exit on the 31st. Speculation has been that it could be the Tilbrook case or the Brodie proposition that the EU broke its own laws with the Article 50 extension.

Meanwhile there are two cases at The Supreme Court against the legality of proroguing Parliament. Speaking to BBC political editor Laura Kuenssberg ahead of the start of the court case, Mr Johnson said he had the “greatest respect for the judiciary”, and its independence “is one of the glories of the UK”.

“And I think the best thing I can say, having said that, is to wait and see what they say,” he said.

Asked if he would be ready to recall Parliament if that was what the Supreme Court said he ought to do, he said: “I think the best thing I could do is wait and see what the judges say.”

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