Why can no-one get their heads round what is actually the position on Brexit?
This from an article in yesterday’s Guardian:
… the UK leaving without a deal on 31 October. In practice, this can only happen if the EU turns down the UK’s request for an article 50 extension or Johnson breaks the law by ignoring parliament.
So far, so good. But then in the next sentence on the government’s publicity campaign:
… UK’s October no deal exit, as well as being factually incorrect (as it addresses an event which cannot now occur) …
Which directly contradicts the previous statement.
In fact the first statement is the correct one, as outlined in the Law & Lawyers blog. Following the last minute action in Parliament which resulted in the European Union (Withdrawal) (No 2) Act 2019 there are three situations which (legally) can now occur:
- EU agrees extension to 31 January 2020: PM must accept
- EU agrees extension to a date other than 31 January 2020: PM must accept
- EU refuses an extension: the Act does not address this situation; thus by operation of EU law, the UK would leave without a deal on 31 October 2019.
So the first statement in the Guardian article is the correct one. There are two instances when the UK will leave the EU on 31 October with no deal:
- if the EU decline a further extension, or
- the UK government break the law (as enshrined in the European Union (Withdrawal) (No 2) Act 2019) and fail to request an extension.
And yet people now believe that leaving with no-deal on 31 October is not now possible.
Logic? What logic?