Boris Johnson spent his leader’s speech repeating his catchphrase that he wants to ‘get Brexit done’ (Picture: Getty)

The EU could grant another delay to Brexit until the new year even if a letter requesting it is not signed by the prime minister himself.

The Benn Act – approved by parliament last month ahead of Mr Johnson’s unlawful prorogue – dictates that he must ask for an Article 50 extension if his new Brexit plan is not approved by 19 October.

Mr Johnson has repeatedly threatened to ignore the act and leave with no-deal ‘do or die’ on 31 October, despite warnings he could be sacked by the Queen for doing so.

But according to a report in The Times today, EU sources have said the request to delay Brexit doesn’t have to come from him – meaning a senior civil servant could ask for an extension instead.




The newspaper quoted ‘many senior European diplomatic sources’ as saying the request needs to come from ‘the head of government or head of state’.

The PM sent a letter to European Commission President Jean-Claude Juncker outlining his new Brexit offer to the EU (Picture: Getty)

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This means the prime minister or a representative of the Crown, embodied by the civil service.

A Whitehall source reportedly told The Times the extension letter could be sent by cabinet secretary Sir Mark Sedwill, who has been head of the civil service since 2018.

It could also come from Sir Tim Barrow, the UK’s ambassador to the EU, should the prime minister refuse to sign or send it.

An EU source was quoted as saying: ‘I am sure the system will produce what we need to get to an extension.

‘We don’t care who it is, whether it is the prime minister or another representative of the executive.’

It is believed cabinet secretary and head of the civil service, Mark Sedwill, could send the request instead of the prime minister (Picture: AFP)

Another said: ‘What Article 50 says and requires is that the extension is agreed with the UK.

‘Strictly speaking it is silent on whether there should be a request or where the request should come from.’

EU leaders reacted coolly to Mr Johnson’s Brexit blueprint published yesterday, that would see Northern Ireland remain tied to EU single market rules but leave the customs union.

The Prime Minister said his plan represented a ‘reasonable compromise’ as Downing Street signalled the start of 10 days of ‘intensive discussions’ in a bid to find an agreement in time for this month’s EU summit, which begins on 17 October.

Boris Johnson's letter to the EU Mr Johnson’s letter telling the EU the ‘backstop’ is a bridge to nowhere’ (Picture: AP)

Mr Johnson said ‘there is now very little time’ to agree a deal (Picture: AFP/Getty)

While the EU acknowledged there was progress, there was concern in Brussels and Dublin that it fell significantly short of the Irish ‘backstop’ already agreed with Theresa May.

Nationalists in Northern Ireland expressed anger over a proposal requiring the suspended Stormont Assembly to approve the new arrangements, with a vote every four years.

Sinn Fein said that it would effectively give a veto to the DUP which has a majority in the assembly.

What is Boris' plan to replace the backstop? Taking the UK – including Northern Ireland – out of the customs union is seen as essential by the Government as it will enable Britain to negotiate trade deals with other countries around the world. An accompanying explanatory note said a system of declarations for goods traded between the North and the Republic meant only a ‘very small proportion’ would be subject to physical customs checks. When they were necessary, it said that they would take place well away from the border, at the traders’ premises or other designated locations. At the same time the plan proposes a ‘zone of regulatory compliance’ covering the entire island of Ireland, tying the North to EU rules for the trade in manufactured goods and agri-food products. While it would mean such trades could continue across the border without regulatory controls, products moving between Northern Ireland and the rest of the UK – including livestock – would be subject to checks.

After speaking to the Prime Minister on the phone yesterday, Mr Juncker said there remained ‘problematic points’.

He said the customs arrangements still did not represent a ‘legally operable solution’ to maintain an open border, as guaranteed in the Good Friday agreement which ended the Northern Ireland Troubles.

Irish prime minister Leo Varadkar also reacted cautiously, saying the proposals ‘do not fully meet the agreed objectives’ of the Northern Ireland backstop.



Mr Varadkar also spoke with Mr Johnson on the phone last night, with a spokesman for the premier saying he would study the plan in further detail and speak with the PM again next week.

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While speaking to MPs in the Commons today, Mr Johnson received a serious ‘side-eye’ from his predecessor Theresa May.

The PM told MPs he has made a ‘genuine attempt to bridge the chasm’ with the EU with his Brexit proposal.

But he got a stern look from the former prime minister when he mentioned her previous withdrawal agreement with EU leaders.

Mr Johnson said: ‘Indeed from the previous administration, my right honourable friend was absolutely clear that under no circumstances will the UK institute physical infrastructure at or near the border.’

He went on to say businesses in Northen Ireland ‘must be at the forefront of our minds’ adding: ‘We will ensure that their needs are properly looked after and that is indeed why we have made the compromises that we have for the immediate future.’

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