This archive report was first published on 19 October 2019.
On October 19, 2019, British Prime Minister Boris Johnson found himself in a difficult position after MPs voted to delay a decision on his Brexit deal. This decision, in turn, activated the Benn Act, a law that compels Johnson to ask the EU for a Brexit delay.
The Benn Act, named after Labour MP Hilary Benn, was passed to ensure that the UK does not leave the EU without a deal on October 31, 2019. If parliament did not approve a separation deal with the EU by that date, the prime minister must ask to delay Brexit until January 31, 2020.
Johnson had hoped to get his deal approved during a special sitting of parliament, thereby nullifying the legislation. However, MPs voted on an amendment that delayed the official vote, activating the Benn bill.
According to the legislation, the prime minister must write a letter to EU Council president Donald Tusk by midnight on the day of the vote to formally request a delay to Brexit. The letter states, "The United Kingdom is seeking a further extension," adding that the Brexit date could be brought forward if a deal is ratified before January 31.
Under the law, the prime minister would have to immediately accept an offer from EU leaders to delay Brexit until January 31. If the extension offered by the EU is to a different date, the prime minister would have two days in which to accept. The only way of not accepting a delay in that case would be if parliament votes against it within those two days.
