DUP will not accept a NI only backstop as per latest BBC news.
Some posters have suggested that an NI only backstop would create the same risk as a hard border between Ireland and NI. Difference being that it would be a different group who would object?
If he can carry out the act of leaving the EU and have a GE very soon afterwards he is banking on getting a majority by winning votes from people who are pleased he has "achieved" Brexit
Agreed. It would be a repeat of the 1983 election when Thatcher won a large majority on the back of victory in the Falklands war. The British are very proud of winning wars.
I guess an extension refused by the EU would also be a reasonable outcome for him as then we are forced into no-deal but all fingers of blame could be pointed at the EU
Music to Johnson's ears. I can already hear his speech;
"The UK tried extremely hard to get a deal with the EU, but alas the EU forced us out. However, to all Citizens of the UK, don't despair we will rebuild as we are now free to trade with the rest of the World"
The Benn Act reads:
(2) If the European Council decides to agree an extension of the period in Article 50(3) of the Treaty on European Union ending at 11.00pm on 31 October 2019, but to a date other than 11.00pm on 31 January 2020, the Prime Minister must, 5 within a period of two days beginning with the end of the day on which the European Council’s decision is made, or before the end of 30 October 2019, whichever is sooner, notify the President of the European Council that the United Kingdom agrees to the proposed extension
The wording allows the EU to demand whatever extension they wish. It could be; years, decades or centuries. UK must accept based on the wording.
However, if EU ask for a very long extension, that is measured in; years, decades or centuries, Johnson could refuse. The logic being that it is not UK's interests to be forced to pay 1 Billion per month to the EU for a period that is solely determined by the EU which could be centuries.
UK law does not change EU law. Article 50 remains unchanged and UK has to leave in accordance with Article 50. Extensions to Article 50 have to be mutually agreed as per:
The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period
Unless the Benn Act is incorporated into EU law, which would require agreement of all EU members including the UK, I can't see how the UK law prevails over EU law. As worded the Benn Act does not represent mutual agreement as per Article 50, but coercion and duress. That is the legal challenge that could be made.
I do agree that it's difficult for the EU to justify granting an extension when they said something major would have to change
Correct. If EU extends without a good reason such as referendum or general election the hard line Brexiteers will say;
"Told you that EU are afraid for UK to leave, they need the money"
Maybe Parliament will set a date for a General Election and the EU would extend for that
Parliament have voted against an election on 15 October 2019 and will not commit to a date. So EU does not have a UK General Election to justify an extension.