How Boris Johnson Could Avoid A Brexit Extension

“We will see what we do about the Benn Act when we get to the right date.” Dominic Cummings told Sky News. “Obviously there are loopholes.”

The law passed by MPs imposed an October 19 deadline by which Boris Johnson has to ask the EU to extend Article 50 if a deal has not been agreed. In an article for The House magazine today, the PM repeated the UK was leaving the EU on October 31 “come what may”.

In his late-night walk-and-talk interview in which he berated Sky’s Lewis Goodall for being a “clown” and “talking like a toddler”, Cummings insisted he did not have a “master plan”. But working out how No.10 will obey the law while avoiding an extension - assuming a deal with the EU is not reached - is the main game in town.

The Institute for Government’s Raphael Hogarth posted a good analysis today of five different routes No.10 could take:

1. Send a letter to Brussels asking for an extension. Then send a second letter saying “lol only joking”.

2. Persuade MPs to vote for a deal, but then don’t allow them to vote for the legislation implementing it.

3. Use an Order of Council to bypass the Queen and suspend the Benn Act.

4. Use an Order in Council under the Civil Contingencies Act which allows the government to suspend laws to deal with an emergency.

5. Somewhat ironically, use EU law. “European law usurps British law,” a source told City AM. “That means the Article 50 deadline trumps the Benn Act.”

But all of these, Hogarth argues, are dead ends. And for what it’s worth, Downing Street said today it did not “recognise” the Order of Council route as floated by Sir John Major last night.

In the Daily Telegraph, Joe Armitage suggests another path. The PM could use the so-called Henry VIII powers included in the EU Withdrawal Act 2018 - which allow ministers to change the law with less parliamentary scrutiny - to amend or abolish the Benn Act.

The fear of Johnson forcing a no-deal Brexit led Nicola Sturgeon today to back the idea of Jeremy Corbyn possibly becoming a caretaker prime minister before October 31.

In a tweet the Scottish first minister and SNP leader said a vote of no confidence in the government might now be needed sooner rather than later. “Opposition unites around someone for sole purpose of securing an extension and then immediate general election,” she said.

But the Lib Dems do not appear to have budged from their position that the “numbers don’t add up” in the Commons for Corbyn to takeover. The 21 Tory rebels recently kicked out of the party have not indicated they are prepared to put Corbyn in No.10. Phillip Hammond does not yet seem ready to “boil his head” - even if things are heating up.

With an election on the horizon, Johnson tweeted a video of staff and patients cheering him on during a visit to Princess Alexandra Hospital in Harlow. Which makes a change from the jeering he has had to endure on other walkabouts.

The PM again refused to back down on using the term “surrender” to describe the Benn Act and said banning the word would “impoverishing debate”. Amber Rudd, the former work and pensions secretary, told the Evening Standard the PM’s words “incite violence”.

The Conservative Party conference kicks off in Manchester this weekend in what will be mostly a pre-election pro-Brexit rally.

But the Tories will have to keep one eye Westminster after the government failed to secure a Commons recess for its conference. Opposition parties can be expected to have a lot of fun trying to drag ministers and government MPs back to the chamber. The Independent has a nice rundown of the best ways to dash up and down the country if needed, including renting an Augusta 109 helicopter for £7,800. Anyone want to go halves?

For readers who will be in Manchester for the conference, make sure you start the week at HuffPost UK’s fringe event with Matt Hancock at 1.15pm on Sunday. Paul will be interviewing the health secretary in Manchester Central Exchange room 6/7. There will be snacks. The event will also be live streamed on Twitter @HuffPostUK for you to watch at home or on the move.

Tory MP Desmond Swayne, a former international development minister, declared wearing blackface is just “an entirely acceptable bit of fun”. And he came close to admitting to doing it himself when attending a party as James Brown dressed “as authentic as possible”. Swayne made the comments in a blog post on his website on Monday. But no one noticed until today.

Amber Rudd told the Evening Standard she could stand at the next election in a London seat as an Independent Conservative. Rudd said she was eyeing up somewhere with a “strong Remain” vote. Kensington or Chelsea and Fulham are both mentioned by the paper.

Labour MP Jess Phillips said she now feels “jumpy and worried and frightened” after a man was arrested outside her office. She also said she received death threats overnight.

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