The medieval historian, who retired in December, wrote in the Times that he viewed the prorogation as lawful. He made the comments to Kirsty Wark on BBC Newsnight. Asked about the Government’s plans to bypass the Benn bill, he declared: “Well we don’t know that.”
“There’s an awful lot of bluff going on.”
Ms Wark asked: “If Boris Johnson didn’t send the letter, could the court send the letter?”
Lord Sumption simply replied: “Yes.”
Ms Wark interjected: “The court has overridden what he wanted to do, which the people would say, that are pro-Brexit, Boris Johnson is standing up and the court has interfered.”
Lord Sumption said: “Well, that’s possible, I’m not here to predict what Boris Johnson’s sales pitch is going to be, but the letter will be sent on his behalf.”
READ MORE: Tory MP makes shock statement on BBC Newsnight over Boris’ deal
The Benn bill demands Mr Johnson write a letter to the European Union asking for a third Brexit extension if no deal is agreed by October 19.
It could keep Britain within the EU until January 31.
Mr Johnson has described the bill as the “Surrender bill”.
Government papers shown to a Scottish court seem to suggest Mr Johnson will obey the new law.
“It didn’t have the scrutiny that you have with a Government Bill.”
Mr Raab confirmed ministers were examine whether or not it was possible to use Article 50 of the Lisbon Treaty which may enshrine the date of October 31.
He declared: “EU law has direct effect, that’s one of the reasons we’re leaving.
“There are multiple bits of legislation that will play out.”
