Boris Johnson caught out over delay claim in Brexit court row

The Prime Minister has always insisted the UK will come out of Europe on Halloween, come what may.

But documents submitted to Scotland’s highest court, on behalf of the Tory leader, make clear he will not try to frustrate the Benn Act that mandates him to ask the EU to delay Brexit.

The law, passed by MPs last month, means that if the Prime Minister is unable to have secured a deal by October 19 then he must either get the support of the Commons for a No-Deal Brexit or write to the EU to ask for extension.

READ MORE: Boris Johnson insists he will not request Brexit extension

The Government’s submission states that the Prime Minister accepts “he is subject to the public law principle that he cannot frustrate its purpose or the purpose of its provisions. Thus he cannot act so as to prevent the letter requesting the specified extension in the act from being sent.”

The documents were part of the Government’s defence in legal action launched at the Outer House of the Court of Session by the SNP MP Joanna Cherry, lawyer and anti-Brexit campaigner Jolyon Maugham, and businessman Vince Dale.

They’re asking the courts to create an order which would force Johnson to send the letter and prohibit him from frustrating the Act’s purpose.

This would effectively ban him from asking EU member states to deny the letter’s request by sending a further letter which contradicts it.

Government lawyer Andrew Webster said there was no need for the order: “What we have is a clear statement on behalf of the Prime Minister and government as to what it will do in respect to the requirements of the 2019 Act.

“They have been put on record so there can be no doubt.”

He insisted Johnson would abide by the Benn Act anyway and not attempt to “frustrate” its intention.

Joanna Cherry at the Court of Sessions

Aidan O’Neill QC, representing the campaigners behind the legal action, said Johnson could not be trusted.

He referred to promises made by the Prime Minister that he would rather be “dead in a ditch” than send a letter requesting an extension, and that the UK will leave on October 31 “do or die”.

O’Neill said: “We can’t trust this government, in light of statements it has made, that it will comply with the law.”

After news that Johnson was prepared to ask for an extension emerged, a “senior Downing Street” source briefed the BBC, saying that the Benn Act “can be interpreted in different ways” and the Government would not be prevented from “doing other things that cause no delay including other communications, private and public.”

That was then raised in court, by O’Neill who said it was proof of the Government’s “spin, misunderstanding and misinterpretation” of the Act.

Late yesterday afternoon, the Prime Minister took to Twitter. He said: “New deal or no deal – but no delay. #GetBrexitDone #LeaveOct31”.

Lord Pentland, who was hearing the case, is due to give his ruling on the interdict application on Monday.

READ MORE: EU cancels Brexit talks as Boris Johnson's proposals fail to convince​

In a statement released last night, Cherry said the day’s events showed that Johnson “simply cannot be trusted to obey the law.”

She added: “The Tory leader has shown time and again that he is dangerous, untrustworthy – and must be removed from office.

”We will continue to press this case to secure a formal binding undertaking to the court that a Brexit extension will be sought – and to ensure that the law is respected in letter and spirit.

“The fact that Downing Street are still briefing they will find a way to avoid an extension, despite Parliament passing a law requiring one, shows how important it is to take every step necessary.”

A separate case, brought by the same campaigners, which would ask the Scottish courts to use their unique power of nobile officium to send the letter asking for the Article 50 extension on behalf of Johnson, will be heard on Tuesday.

Brexit talks in Brussels broke up yesterday with little progress made.

The European Commission even rejected British pleas for intensive weekend negotiations. A spokeswoman said: “We will meet again on Monday to give the UK another opportunity to present its proposals in detail.”

The spokeswoman said the current proposals did not “provide a basis for concluding an agreement”.

Speaking in Denmark, the Irish Taoiseach Leo Varadkar (above) said the proposals may be supported by the DUP, but they were not backed by the people of Northern Ireland.

“I’m interested in solutions; any solution has to have the support of the people of Ireland and Northern Ireland.

“What’s been put on the table by Mr Johnson is not supported by business or civil society in Northern Ireland; it’s only supported by one political party, so there’s a long way to go.

“Democracy matters, and any agreement that affects Ireland deeply has to have support from people on both parts of the island.”