The Benn Act, designed to stop a no deal Brexit, was recently passed by the House of Lords. The act, presented by Labour MP Hilary Benn, demands Mr Johnson will have until October 19 to either pass a deal in Parliament or get MPs to approve a no deal Brexit. However Joe Moor, former Number 10 Director of Legislative Affairs, claimed there are “loopholes” within the bill.
He told BBC’s Politics Live: “There are loopholes within it, there can always be loopholes found within legislation if one looks hard enough. It depends where Downing Street want to go with it.
“For instance the first thing might be that there is some sort of historic legal precedent in case law that allows them to suggest that the Prime Minister’s prerogative powers are otherwise.
“I don’t know if that’s the case but they’ll be digging into everything like that that’s possible. Secondly there was a piece yesterday which highlighted I think quite an interesting case.
“Although in its essence it would be deliberately misleading if it was pursued as a strategy.
“That is that the Benn Act specifies that no deal cannot happen unless Parliament has approved the deal or specifically said that it doesn’t approve of no deal.”
Mr Moor added: “That’s all well and good but when that kicks in, to ensure that a deal can still happen, we have to look back at the EU Withdrawal Act 2018 and what has become known as the ‘meaningful vote’.
“Under Section 13 of that Act, the Meaningful Vote process, it’s very clear that in order to get a deal Parliament not only has to ratify or approve the Withdrawal Agreement, but also what’s known as the Political Declaration on future framework.
“It also has to pass a law on future agreement, which we know has been called the Withdrawal Agreement Bill.”
“The leaders took stock of the ongoing talks between the UK’s team and taskforce 50. The Prime Minister reconfirmed his commitment to the Good Friday/Belfast agreement and his determination to reach a deal with the backstop removed, that UK parliamentarians could support.
“The Prime Minister also reiterated that he would not request an extension and would take the UK out of the EU on the 31st October. The leaders agreed that the discussions needed to intensify and that meetings would soon take place on a daily basis.
“It was agreed that talks should also take place at a political level between Michel Barnier and the Brexit secretary, and conversations would also continue between President Juncker and the Prime Minister.”
The meeting comes after an EU diplomat appeared to mock the Prime Minister after he likened himself to the incredible Hulk.
Mr Johnson said “the madder Hulk gets, the stronger Hulk gets” in an interview with the Mail on Sunday, where he threatened to ignore legislation ordering him to seek a second extension of Article 50 if no Brexit deal is reached by October 19.
But one EU diplomat mocked the idea that Mr Johnson was the fictional superhero, instead likening the Prime Minister to the fairytale villain Rumpelstiltskin.
The diplomat told Politico: “Seen from the Continent, the UK Prime Minister seems less of a Hulk and more of a Rumpelstiltskin.”