Boris Johnson could be forced into delaying Brexit within days under plans demanded by the Liberal Democrats as the price of backing a general election.
Lib Dem leader Jo Swinson said the Supreme Court’s ruling that Johnson acted unlawfully when suspending parliament showed he cannot be trusted to obey laws passed by the opposition to rule out a no-deal Brexit on October 31.
Under the terms of the Benn Act to block no deal, the prime minister must ask the EU for a delay to Brexit unless he has passed a withdrawal agreement through parliament by October 19.
But Swinson said she did not believe the 12 days between the Benn Act kicking in and exit day on October 31 was enough to take the PM to court and force the government to obey the law, and that it risked a no-deal Brexit by default.
The Lib Dems are discussing the plan to bring forward the October 19 deadline with opposition and ex-Tory “rebel alliance” MPs.
Labour and other opposition parties want to avoid an election until Brexit is delayed.
Swinson’s plan could involve taking over the Commons again, possibly as early as next week, to pass new laws which amend the date in the Benn Act.
But HuffPost UK understands that some of the ex-Tory rebels, who want to leave the EU with a deal, do believe the 12 days set out in the Benn Act is enough to avert no deal on October 31.
Addressing the media in front of Lib Dem MPs and peers at the entrance to parliament, Swinson said: “We simply cannot afford to wait until October 19 to see whether or not the prime minister will refuse to obey the law again.
“So the Liberal Democrats will be working with and talking with people across different parties, to find a way to remove that threat of a no-deal Brexit more quickly.
“It is vital that we do this for our country’s future.
“It is hugely important that parliament is in session again today. And Liberal Democrats will be at the forefront of holding this government to account.”
The anti-no deal group showed earlier this month with the Benn Act that they can pass their own laws rapidly, raising the prospect of Johnson being forced to request an Article 50 extension possibly within days.
If Johnson refuses to request a Brexit delay under the terms of the Benn Act, as he has indicated he would, it is likely that he would be taken to court.
Judges could then order an official to request the delay instead of Johnson, as happens in immigration cases when officers are ordered to bring back migrants wrongly deported on behalf of the home secretary.