BBC's Laura Kuenssberg claims MPs' Brexit 'battle of epic proportions' to end up in court

BBC News political editor Laura Kuenssberg warned this week's Brexit battle in the Commons will probably end up in the courts as the Prime Minister continues to promise the UK will leave the EU on October 31 despite being obliged by law to ask for an extension if a deal is not agreed by Saturday.

Speaking on News moments after Queen Elizabeth II delivered her speech to Parliament to outline Boris Johnson's Government agenda, predicted a week of debates of "epic proportions" in the Commons. The BBC editor warned the fight over Brexit in Parliament may eventually end up in the British courts again as Boris Johnson continues to pledge the UK will leave the EU on October 31 deal or no deal - in spite of legislation preventing him to walk away without an agreement. 

She said: “There will be a couple of days now where MPs will scream and shout over the measure that have been put forward at the Queen’s Speech.

“But all eyes really are on what will happen at the conclusion of the important summit in Brussels at the end of this week.

“Before a mega day, super Saturday here, when MPs will be trying to find a way forward but given the difficulties they’ve had in doing that over the last couple of years I wouldn’t expect that suddenly there’s going to be an outbreak of peace and harmony.”

Ms Kuenssberg warned that just as Parliament's right to a meaningful vote was decided by the courts in 2017, the fate of the Brexit negotiations may return once again in the hands of British justices.

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BBC News: Laura Kuenssberg warns Brexit debate may end up in court again (Image: BBC)

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Brexit news: Boris Johnson adamant the UK will leave the EU on October 31 deal or no deal (Image: UK PARLIAMENT)

I wouldn’t expect that suddenly there’s going to be an outbreak of peace and harmony

Laura Kuenssberg

It comes as Prime Minister Boris Johnson has reportedly made further compromises to the EU to get a deal over the line and next Saturday he’ll ask MPs to choose between his proposals and yet another Brexit extension. 

Mr Johnson proposed his solutions to the Irish border problem this month, and while the EU looked certain to reject them, reports now claim Mr Johnson has made further compromises to win EU support.

Talks have now entered the intense “tunnel” phase, indicating serious progress has been made.

In the event Mr Johnson does indeed manage to get a deal agreed with the EU, his next hurdle will be to get MPs back home to approve it too.

But instead of a straight yay or nay vote on the deal he presents, it has now been reported the Prime Minister will present MPs with a challenge: approve any deal or delay Brexit again.

He will pose the question to MPs on ‘Super Saturday’ - a special sitting of the House of Commons on Saturday, October 19.

This “binary choice”, as one government source called it, will pose a dilemma for Brexiteers in particular, as the Prime Minister’s softened stance on some aspects of the Brexit deal appears to cross red lines set out by Mr Johnson himself.

Should he fail to reach a majority in the Commons, the Prime Minister will be forced to ask for an extension as set out by the Benn Act.

However, House of Commons leader Jacob Rees-Mogg hinted at a crucial potential loophole in the legislation - re-branded "Surrender Act" by the Prime Minister.

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Brexit news: what happens next? (Image: EXPRESS)

Mr Rees-Mogg explained how, until the UK remains in the Brussels bloc, EU laws supersede domestic law and an extension could only be asked under the regulations of an EU treaty and not a unilateral UK legislation. He explained: “Unfortunately, or fortunately as it may turn out, the law of this land is subject to the law of the European Union, currently.

“So we have to see what the legal eagles think.

“All I’m saying is that Theresa May got an extension not through UK law but through EU law.

“And until the 1972 European Communities Act is repealed EU law is superior law in the UK.

“And the Remainers know that. The Remaniacs all know that because they all know that it takes two to tango and any extension has to be agreed by the Council.

“And so the legal questions are sometimes oversimplified, I think.”