The Brexit Party leader explained EU law is supreme to UK law which the Benn Act is under meaning it could be a legal loophole. Mr Farage told caller Graham, who asked what his party would do to get around the surrender act, he doesn’t believe Boris Johnson will leave with a no deal. He added he believes the no deal planning is being used as a negotiation tactic with Brussels.

Speaking on his LBC show, Mr Farage said: “Yes, I think is the answer to that. Article 50 is part of a European Treaty.

“It’s European law that’s been incorporated into our law and as we well know from the famous factor case in the 1980s, through the metric masses judgments in the early noughties, European law is supreme to British law.

“I think that is the potential legal loophole.

“But I genuinely don’t think that Boris Johnson will go for a clean break Brexit.

“I don’t believe it. I think he’s using it as a negotiation to getting Brussels to give something in terms of the backstop.

“I think still his intention very much is to try and get the withdrawal agreement, the new European Treaty through and passed in Parliament for October 31.

“I can’t prove it but I think if he was to go for a clean break that I think is what he would do.”

Graham went on to ask if Mr Farage has given the Prime Minister and his team that advice as a way around the Benn Act.

The Brexit Party MEP has previously made numerous offers to Mr Johnson to give him a “100-seat majority”.

He said: “The one point I have made very clear is that I believe even if you have an amendment on the backstop it’s still my view that new European Treaty does not give us anything like what Brexit voters genuinely wanted.”

Graham said he completely agreed with the views.

Mr Johnson has said before he will not request the three-month Article 50 extension despite it meaning he would be breaking the law.

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Dominic Grieve said ignoring the law would result in the immediate sacking of Mr Johnson by the Queen.

The former Attorney General told Sky News: “At that stage the civil service will refuse to work for him. I assume the Attorney General will have resigned.

“It doesn’t matter if he’s his leading cheerleader the Attorney General is a good enough lawyer to know you can’t support a Prime Minister who is breaking the law of the land.

“If he’s not going to resign, he will be out in five minutes. He will be dismissed by the Queen.”

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