Boris Johnson will seek Brexit extension if no deal agreed by October 19
UK Prime Minister Boris Johnson has accepted that he must send a letter requesting an Article 50 extension if no deal is agreed with Parliament by October 19, Scotland's highest civil court has heard.
Documents submitted to the Court of Session on behalf of Boris Johnson were read out on Friday in which he sets out that he would not attempt to frustrate the so-called Benn Act.
The legislation requires the Prime Minister to ask the EU for a Brexit extension to January if Parliament does not pass any withdrawal deal Number 10 may come back with by October 19.
The legal action, led by businessman Vince Dale, SNP MP Joanna Cherry QC and Jolyon Maugham QC, will first ask the Court of Session's Outer House to grant an order ensuring Mr Johnson requests an extension to the Article 50 process should he refuse to abide by the terms of the Benn Act by 19 October.
Jolyon Maugham QC told Sky News: “What we learned today is that the Prime Minister has promised the court, in his own name, that he will ask for an extension under the Benn Act if the conditions are satisfied, in other words if Parliament has not before October 19 agreed a withdrawal agreement.
He’s also promised the court that he will not frustrate the Benn Act by which is meant that he will not send two letters, one saying can I have an extension, the other saying please don’t give me one, he won’t collude with foreign governments to attempt to persuade those foreign governments to veto an extension.
“Those are statements that he’s made to the court. The court has said that in those circumstances its contempt jurisdiction might be engaged.
“And so what the hearing is now about is whether we can push the court to clearly engage its contempt jurisdiction.
The Government is saying that it will send the Benn Act letter and it will not frustrate the Act (i.e. by seeking to persuade a r27 Member State to veto our request for an extension). So what is left of the Prime Minister's promise that we will leave on 31.10? https://t.co/gsJIMEUkV3
— Jo Maugham (@JolyonMaugham) October 4, 2019
“Then on Tuesday we now know we will have a full hearing before the Inner House of the Court of Session in which the Inner House will consider whether or not if the Prime Minister refuses to do what he has today told the court he will do the court can sign the letter for the Prime Minister, the letter mandated by the Benn Act.”
Jolyon Maugham QC took to Twitter to ask "what is left of the Prime Minister's promise that we will leave on 31?".
He tweeted: "The Government is saying that it will send the Benn Act letter and it will not frustrate the Act (i.e. by seeking to persuade a r27 Member State to veto our request for an extension). So what is left of the Prime Minister's promise that we will leave on 31.10?"
However, in response to these documents, Steve Baker, the chairman of the European Research Group of hardline Tory Brexiteers, took to Twitter.
"A source confirms all this means is that Government will obey the law.
"It does not mean we will extend. It does not mean we will stay in the EU beyond Oct 31. We will leave."
A source confirms all this means is that Government will obey the law.
— Rt Hon Steve Baker MP FRSA 🗽 (@SteveBakerFRSA) October 4, 2019
It does not mean we will extend.
It does not mean we will stay in the EU beyond Oct 31.
We will leave. https://t.co/LuVt45rMAr
