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How much do you know about the agreements already made? For example, EU are gagging for fishing access to UK waters, how much have we surrendered already in that mini deal?


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If you logically move this forward, to get the best deal for UK you have to push the deal making to the very point EU membership still has irreplaceable benefits only available to members, and to reach there you need to seriously engage in negotiation. But are we?

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Because without a serious negotiation what actually is happening, the threat of no deal is forcing UK to surrender too, on financial payments, fishing rights, backstop, etc as we try to mitigate the decoupling. For example EU has particular sway in the area of agricultural trade. UK exports face per cent checks under EU law after Brexit. The challenge EU are meeting well so far in negotiation is taking advantage of all that leverage without doing further harm to EU interests.

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This is the reality of keeping no deal on the table rather than admit it has to be a deal Brexit for UK: we are actually empowering the EU in the negotiation. And it has been pointed out again and again, the original campaign in and the narrow win was not founded upon a No Deal Brexit. It was achieved promising a deal Brexit and all the security that comes with that. Maybe laugh at the certainty repeating that will eventually destroy him. Leave no deal on table, you leave yourself open to suspicion you may go for a No Deal Brexit in order to save Brexit from undergoing a second ref, but take no deal off the table you are almost certainly surrendering to the certainty of second ref, where we leave with a deal or not leave at all.

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These committees decide whether the regulations should be subject to the affirmative or negative scrutiny procedure. The former requires MPs to approve the regulation before it has effect and the latter compels the government to lay the regulation before both houses of parliament. Once laid, the speaker could, in theory, allow MPs to take control of the Commons chamber again and vote against the regulation.


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The government could use this power to introduce a regulation to amend or completely abolish the Benn Act. Parliament would find it very difficult to prevent its application.


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Schedule 7 requires the government to lay the regulation before both the Lords and the Commons but it does not prescribe the period of time in which it must be laid. Even if the government laid it, it would be complex for MPs to prevent it from having effect. The last time an instrument under the negative procedure was rejected was in The speaker could bend the rules to grant MPs parliamentary time to vote for it to be annulled, but the government could simply use its powers under the EU Withdrawal Act to introduce a fresh regulation, repeatedly.

N aturally — as with all powers afforded to ministers by acts of parliament — the powers within the EU Withdrawal Act are subject to the rule of law. The regulations introduced by ministers under the Act to amend or abolish the Benn Act could be judicially challenged.

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A ny legal cases, however, would take time, something those who wish to prevent the UK leaving the EU without a deal do not have much of. In addition, the Supreme Court cannot strike down an act of parliament entirely. It might therefore be possible for ministers to introduce new regulations under the EU Withdrawal Act that skirt around the provisions within the Benn Act in slightly different ways to replace those that are potentially quashed by judges.

The government could also use a number of more obviously flawed methods to get around the Benn Act all at once, creating a caseload issue for the courts. Whatever legal wheeze the government pursues to get around the Benn Act, it cannot prevent MPs voting against it in a vote of no confidence.