
Originally Posted by
KerrAvon
The Benn law does not prevent no deal - it requires BoJo to ask for an extension if a new deal isn’t agreed by, I think, 16th October. As you have observed, it does not and cannot compel the EU to agree to extend and if they don’t agree, we either leave on the 31st with no deal or Parliament is going to have to vote to revoke Article 50.
As I mentioned earlier in the thread, the law says nothing about how BoJo is to ask. It would be open to him to go to the EU and say ‘I’ve been told to apply for an extension. I don’t know what it is supposed to achieve given that Parliament want neither a deal nor a no deal exit and the official opposition doesn’t even know what it’s position on Brexit is’. France and a couple of other countries are closing to saying ‘non’ and that approach just might do it.
If BoJo refuses to ask the EU for an extension, someone will go to court for an order that compels the government to do so. On that basis, it’s not correct to say that the law is unenforceable. It is simply that it is not guaranteed to have the intended effect as it is dependent upon the EU granting an extension. Your divorce analogy is a good one.
The attempt to prevent a no deal takes the UK’s main bargaining chip off the table in its dealings with the EU. Even if BoJo secures a new deal (which is likely to be a repackaged version of the May deal) , it would still have to get past Parliament in a ‘meaningful vote’ which is unlikely given that Labour will continue to play political games with a view to trying to secure power for themselves.