Any attempt by Boris Johnson to apply for an Article 50 extension while simultaneously trying to get the EU to reject it would break the law, a former Supreme Court justice has said.
The Daily Telegraph reported the prime minister has drawn up a plan to “sabotage” any delay to Brexit.
MPs have passed legislation that orders the government to ask the EU to extend Article 50 beyond October 31 to prevent a no-deal exit.
But Johnson has said he would rather “die in a ditch” than request a delay and it has been suggested he could ask for an extension while rubbishing the request at the same time.
But Lord Sumption, who served on the court from 2012 until 2018, told BBC Radio 4′s Today programme this would not be legal.
“The Bill, or Act as it’s about to become, says that he’s got to apply for an extension. Not only has he got to send the letter, he’s got to apply for an extension,” he said.
“To send the letter and then try to neutralise it seems to me, plainly, a breach of the Act.
“What you’ve got to realise is the courts are not very fond of loopholes.”
Justice Secretary Robert Buckland yesterday warned Johnson about the “importance of the Rule of Law” following hints the PM could be tempted to break the law to deliver Brexit by Halloween.
Parliament is scheduled to be prorogued under the PM’s orders on Monday, in a move that would suspend all business in the Commons until October 14.
But Johnson will present MPs with a way out of an enforced holiday by giving them another vote on holding a general election before a final decision is taken.
Jeremy Corbyn and other opposition leaders have said they will vote against holding a snap election on Johnson’s timetable.
To force an early election under the Fixed Term Parliaments Act, two-thirds of MPs have to vote in favour.