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British Prime Minister Boris Johnson faces another showdown with the courts as his opponents look to force a Brexit extension following Europe\u2019s critical response to the UK\u2019s proposals for a deal.<\/p>\nBritish Prime Minister Boris Johnson faces another showdown with the courts as his opponents look to force a Brexit extension following Europe\u2019s critical response to the UK\u2019s proposals for a deal.<\/p>\n
European leaders gave his fresh Brexit proposals short shrift yesterday, with senior figures dubbing his \u201ctwo borders\u201d customs suggestion for Northern Ireland \u201cunconvincing\u201d.<\/p>\n
The British Prime Minister is expected to continue his efforts today and over the weekend to convince Brussels to show flexibility on his submitted plans.<\/p>\n
A spokesman for the PM said his chief negotiator David Frost was currently locked in \u201ctechnical level\u201d talks in Brussels to determine whether a deal could be struck in the coming days.<\/p>\n
But before he commences with any European travel plans, he faces a hurdle closer to home which could take the Brexit timescale out of his hands.<\/p>\n
Mr Johnson has continually said, should the EU reject his proposals, that he is prepared to take the UK out without a deal on October 31 \u2013 despite the Benn Act committing him to requesting an extension to Article 50 if a deal is not secured following the European Council meeting in less than two weeks\u2019 time.<\/p>\n
In a dual legal pincer, Scotland\u2019s highest civil court will hear two cases in the space of five days that could compel Mr Johnson to extend the negotiations.<\/p>\n
The legal action \u2013 led by businessman Vince Dale, SNP MP Joanna Cherry QC and Jolyon Maugham QC \u2013 will first ask the Court of Session\u2019s Outer House to grant an order ensuring Mr Johnson requests an extension to the Article 50 process should he refuse to abide by the terms of the Benn Act by October 19.<\/p>\n
On Tuesday the team will go to the Inner House to ask the Scottish judges to use the unique power of \u201cnobile officium\u201d to empower a court official to sign the extension letter if the Prime Minister refuses to do so.<\/p>\n
The action will be welcomed by Remain supporters, who fear Europe\u2019s reaction to Mr Johnson\u2019s proposals to replace the Northern Irish backstop have made a no-deal exit more likely.<\/p>\n
The PM told MPs in the Commons on Thursday that he had made a \u201cgenuine attempt to bridge the chasm\u201d with Brussels by making compromises as time runs out before the scheduled October 31 Brexit date.<\/p>\n
But Irish Premier Leo Varadkar said the Brexit plan \u201cfalls short in a number of aspects\u201d while his deputy Simon Coveney said \u201cif that is the final proposal, there will be no deal\u201d.<\/p>\n
And Donald Tusk, president of the European Council \u2013 the body made of up national leaders \u2013 said he told Boris Johnson \u201cwe remain open but still unconvinced\u201d during talks on Thursday.<\/p>\n
Downing Street said the proposals to address problems with the Irish border were the \u201cbroad landing zone\u201d and the \u201cbasis for discussion\u201d in a conciliatory move after Number 10 sources had previously claimed they represented a final offer to Brussels.<\/p>\n
Mr Varadkar said he could not fully understand how the UK envisages Northern Ireland and Ireland operating under different customs regimes without the need for checkpoints.<\/p>\n
\u201cWe need to explore in much more detail the customs proposals that are being put forward as it\u2019s very much the view of the Irish government and the people of Ireland, north and south, that there shouldn\u2019t be customs checkpoints or tariffs between north and south,\u201d he said.<\/p>\n
Mr Tusk also spoke to Mr Varadkar on Thursday and delivered the message \u201cwe stand fully behind Ireland\u201d.<\/p>\n
In further signs of the resistance to Mr Johnson\u2019s proposals in the EU, the European Parliament\u2019s Brexit Steering Group said it had \u201cgrave concerns\u201d about the plan.<\/p>\n
European Commission president Jean-Claude Juncker spoke to Mr Varadkar and emphasized that \u201cstable and predictable\u201d measures were needed that \u201ccannot be based on untried arrangements\u201d that would be left to negotiations in a transition period.<\/p>\n
\u201cAccepting such a proposal would not meet all the objectives of the backstop,\u201d a commission statement said. \u201cFor this reason, further discussions with the United Kingdom\u2019s negotiators are needed.\u201d<\/p>\n
Mr Johnson told the Commons on Thursday that while his proposals do not deliver all his Brexit goals they are better options than to \u201cremain a prisoner\u201d of the current situation.<\/p>\n
But he accepted that they are \u201csome way from a resolution\u201d on the situation.<\/p>\n
Despite a critical reception on the Continent, hope was growing in Westminster that the PM might be able to command a majority for his deal.<\/p>\n
The Conservative leader appeared to be building support from the DUP, Euroskeptics within his own party and some opposition MPs wishing to avert a no deal.<\/p>\n
But their stances could well alter if Brussels insists on changes, as seems likely.<\/p>\n
In what appeared to be a warning shot to would-be rebels in his own party, Jeremy Corbyn said no Labour MP could support the \u201creckless deal\u201d, which he said would jeopardize the Good Friday Agreement.<\/p>\n
Mr Johnson\u2019s plans would see Northern Ireland apply EU rules on goods but stay in a customs territory with the UK.<\/p>\n
This would create a regulatory barrier for goods crossing the Irish Sea and create a customs border between Northern Ireland and the Republic of Ireland \u2013 but Mr Johnson has insisted there would be no need for checks or infrastructure at the frontier.<\/p>\n
The plans require the currently suspended Northern Ireland Assembly to approve the new arrangements, with a vote every four years \u2013 something which has caused concern in Ireland.<\/p>\n
Stormont voting structures mean a bloc of members of the Legislative Assembly from either the nationalist and unionist community \u2013 which includes Mr Johnson\u2019s DUP allies \u2013 can veto certain decisions, even if a majority of members back them.<\/p>\n
Mr Coveney said: \u201cWe cannot support any proposal that suggests that one party or indeed a minority in Northern Ireland could make the decision for the majority in terms of how these proposals would be implemented in the future.\u201d<\/p>\n
The Prime Minister\u2019s official spokesman said the four-year limit \u201cis the one that we believe is sensible.”<\/p>\n