Donald Tusk is offering Britain a one-year delay to Brexit that could be shortened if the House of Commons passes an exit treaty, a proposal aimed at overcoming reservations about a long extension in London and other European capitals.
The European Council president has told colleagues the idea of such a “flextension” — which runs up to April 12, 2020 — is the “only reasonable way out” of the impasse over Brexit with Britain’s withdrawal treaty still stuck in parliament.
Negotiators representing Theresa May, the prime minister, and the Labour leader Jeremy Corbyn are to meet again on Friday for a third day of talks, although there has been little sign so far that they are close to a Brexit compromise that could pass the House of Commons.
A bill, led by Labour MP Yvette Cooper, compelling the prime minister to seek an extension to the Article 50 divorce process was delayed in the House of Lords on Thursday, and will now not become law until Monday at the earliest.
Mr Tusk’s idea of a “flextension”, first reported by the BBC, remains controversial both in London and the EU. Brexiters fear the long extension is a ploy by pro-EU MPs to reverse Britain’s decision to leave. Meanwhile, Emmanuel Macron, the French president, has warned Britain not to take a long extension “for granted”, saying the EU will not accept being held hostage to a Westminster crisis.
Mrs May is expected to send a letter to Mr Tusk on Friday requesting an extension to Britain’s April 12 exit date. With cabinet divided over what end-date to put on the extension, EU diplomats are concerned it will only ask for a short delay to May 22 or June 30, the day before the new European Parliament is inaugurated.
Mr Tusk’s proposal is aimed at finding a middle ground between those in the EU who are unwilling to approve a series of short extensions and Brexiters who want to leave the EU as soon as possible. Any change to Britain’s exit date requires unanimous agreement between the UK and the 27 remaining EU leaders, who will discuss the issue at a summit on Wednesday.
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One senior EU official said Mr Tusk told colleagues: “We could give the UK a year-long extension, automatically terminated once the withdrawal agreement has been accepted and ratified by the House of Commons. And even if this were not possible, then the UK would still have enough time to rethink its Brexit strategy.”
“Short extension if possible and a long one if necessary,” he added. “It seems to be a good scenario for both sides, as it gives the UK all the necessary flexibility, while avoiding the need to meet every few weeks to further discuss Brexit extensions.”
There is no impediment to bringing forward Britain’s exit date in Article 50 of the EU treaty, which sets the terms for exit negotiations. It lays down an extendable two-year limit on negotiations but makes clear that a member state can leave “from the date of entry into force of the withdrawal agreement”.
Mr Tusk will face a bigger challenge convincing other EU leaders to demand a long extension, even if Britain is requesting a short delay. One senior EU diplomat said he could not see why Mrs May would “want Europe to set the date”.
“That is very dangerous and will not work. It is not possible,” the diplomat said.
Jean-Claude Juncker, European Commission president, has at the same time made clear that a short delay to Brexit would be dependent on the Commons passing a withdrawal agreement by the end of next week.
Angela Merkel, the German chancellor, is open to offering the UK more time, putting her at odds with Mr Macron, who has been vocal about his reservations.
The French president wants Britain to offer a clear justification for any extension and would be expected to question why the EU would offer a longer delay if Mrs May is unable to make a case for it.
The EU would require Britain to hold European Parliament elections if any extension goes beyond May 23. Downing Street has made clear it will continue with election preparations and issue an order for the election poll by April 11.
Several member states also want assurances from the UK over how it would use its voting rights during a long delay, especially during negotiations over the EU budget or in selecting the leaders of EU institutions.
