Wednesday, 27 Nov 2024

PM ‘sailing close to wind’ with promise to obey Brexit delay bill, court hears

Scottish judges have continued a court action into whether or not Prime Minister Boris Johnson has fully obeyed the law demanding he delay Brexit.

Remain campaigners argued at the Court of Session in Edinburgh on Monday that, although he had undertaken not to frustrate the purpose of the so-called Benn Act, Mr Johnson was “sailing close to the wind”.

Judges will reconvene at a date to be confirmed.

Elaine Motion, solicitor at Balfour+Manson, which is representing campaigners who brought the challenge, said: “From our perspective it was a great success again for us.

“Because the court have kept hold of this case, they’ve kept it live to make sure that the prime minister continues to comply with the Benn Act and all of the obligations under it.”

The prime minister sent a letter to the EU asking for an extension to Article 50 on Saturday, as required by the Benn Act.

This legislation was passed by MPs to try and avoid a no-deal Brexit at the end of this month.

However, Mr Johnson did not sign that letter and sent a second one – which he did sign – in which he said that a delay would be a mistake.

Campaigners concerned that the PM would not comply with the Benn Act launched a legal challenge to try and get him to do so.

In the case’s first hearing on 9 October, lawyers for the government assured the court that Mr Johnson would adhere to the law in writing and before the judges – despite his repeated public statements that he would never ask for a delay.

The case was then postponed until after the deadline for the extension letter to be sent under the terms of the Benn Act.

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