Jacob Rees-Mogg has suggested that the government might use – wait for it – EU law to push through a no-deal Brexit if there is no deal agreed by October 19.

Chatting to BBC Radio 4's Westminster Hour, Mogg refused to admit that Boris Johnson is bound by the law to request an extension to Article 50 in those circumstances. He called this "speculation".

He said:

That's a very interesting speculation on what the law of the land is, but unfortunately, or fortunately 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.

When pressed on whether this meant that Johnson would take the case to the EU courts (yes, the courts that Brexiteers claim to despise) he said:

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And until the 1972 European Communities Act is repealed, EU law is superior law in the UK.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 remainiacs all know that, because they 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.

But Shadow Brexit minister Jenny Chapman interjected, saying Rees-Mogg was "making stuff up."

She said:

I think Jacob's making stuff up. I honestly don't know what you're talking about.

I think it's quite clear what the Benn Act says and I think Boris Johnson understands that too and has given that assurance to the court.

So quite where Jacob's going I'm not sure - he's had a long day. I don't know whether he has some special insight that nobody else yet has landed on. I don't think so though.

Whatever the answer, one thing's for sure: irony is officially dead.

H/T: New European

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