Speaking on BBC Radio 4’s Westminster Hour, the House of Commons leader hinted at a crucial potential loophole in the Benn Act – re-branded “Surrender Act” by the Prime Minister – which dictates Boris Johnson asks for a Brexit extension if a deal is not agreed by the end of this week. Mr Rees-Mogg explained how, until the UK remains in the Brussels bloc, EU laws supersede domestic law and an extension could only be asked under the regulations of an EU treaty and not a unilateral UK legislation. He explained: “Unfortunately, or fortunately as it may turn out, the law of this land is subject to the law of the European Union, currently.

“So we have to see what the legal eagles think.

“All I’m saying is that Theresa May got an extension not through UK law but through EU law.

“And until the 1972 European Communities Act is repealed EU law is superior law in the UK.

“And the Remainers know that. The Remaniacs all know that because they all know that it takes two to tango and any extension has to be agreed by the Council.

“And so the legal questions are sometimes oversimplified, I think.”

Until the 1972 European Communities Act is repealed EU law is superior law in the UK

Jacob Rees-Mogg

It comes as Prime Minister Boris Johnson has reportedly made further compromises to the EU to get a deal over the line and next Saturday he’ll ask MPs to choose between his proposals and yet another Brexit extension. 

Mr Johnson proposed his solutions to the Irish border problem this month, and while the EU looked certain to reject them, reports now claim Mr Johnson has made further compromises to win EU support.

Talks have now entered the intense “tunnel” phase, indicating serious progress has been made.

In the event Mr Johnson does indeed manage to get a deal agreed with the EU, his next hurdle will be to get MPs back home to approve it too.

But instead of a straight yay or nay vote on the deal he presents, it has now been reported the PM will present MPs with a challenge: approve any deal or delay Brexit again.

He will pose the question to MPs on ‘Super Saturday’ – a special sitting of the House of Commons on Saturday, October 19.

This “binary choice”, as one government source called it, will pose a dilemma for Brexiteers in particular, as the Prime Minister’s softened stance on some aspects of the Brexit deal appears to cross red lines set out by Mr Johnson himself.

According to The Times, these compromises are on the two key areas of customs and consent over the Irish border.

On customs, Mr Johnson initially proposed Northern Ireland should leave the EU customs union but remain in the single market.

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The EU firmly rejected this proposal and the PM is now understood to have suggested that goods from Britain entering Northern Ireland would pay EU customs duties.

If those goods were sold in Northern Ireland, the importer could reclaim duty.

On the matter of consent, it was initially proposed the Northern Irish assembly would have a vote on the border situation every four years. If it declined consent, a hard border would be imposed.

The EU roundly rejected this too, because it would hand the DUP a veto and risk a hard border on the island of Ireland.

Now, Mr Johnson is understood to have modified this proposal and, though the details are unknown, the option of consent is likely to have been removed from Stormont.

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