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Re: Brexit Development(s) Discussion
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Originally Posted by Mick
Yes but which one ?
As we know, Benn Act requires Johnson to seek an extension to Brexit if parliament has not approved either a deal or leaving without a deal by October 19, however, Primary legislation still exists in the form of a different law, the European Union Withdrawal Act, states Britain will leave the EU on October 31. Which of these laws takes precedence, matters a lot.
The government has repeatedly said only that it will comply with "the law", without actually specifying which one. It may try and argue that it is following the law by taking Britain out on October 31st.  |
Well, the judgement specified that
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In paragraph 8 of the answers lodged on behalf of the Advocate General the following averments are set out:
“... Explained and averred that the Prime Minister accepts in relation to the 2019 Act:
(a) That, subject to section 1(5), in the event that neither of the conditions set out in section 1(1) and (2) is satisfied, he will send a letter in the form set out in the schedule by no later than 19 October 2019:
section 1(3) and (4).
(b) That, subject to section 1(5), in the event that the European Council (“EC”) decides to agree to any extension for the period specified in the letter, he is obliged immediately to notify the President of the EC that the United Kingdom agrees to that extension: section 3(1).
(c) That, subject to section 1(5), in the event that the EC decides to agree to an extension until a date other than the date specified in the letter, he is obliged to notify the President of the EC within the period specified in section 3(2) that the United Kingdom agrees to that extension, this obligation being disapplied if the House of Commons has decided not to pass a motion of the kind specified in section 3(3).
(d) That 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.”
Mr Webster confirmed in the course of the hearing that these averments contained the first detailed public expression of the Prime Minister’s intentions with regard to the legal obligations imposed on him by the 2019 Act.
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https://www.scotcourts.gov.uk/docs/d...7.pdf?sfvrsn=0
The judgement refers to BJ’s submission to the Court he will carry out the actions stated in the Benn Bill.
It also states
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Section 5(3) states that the provisions of the Act override any statutory or other provision which would otherwise require the UK to leave the EU on any specified date.
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