The Brexit Party leader made the claim about Prime Minister Boris Johnson’s Brexit negotiating tactics to Express.co.uk ahead of his party conference on Friday night in central London. Nigel Farage said he agreed with Sir John Major that Mr Johnson could circumvent the Benn Act, which requires him to seek a further Brexit delay if he cannot get a new deal with the EU, because European law is “superior” to British law.
Mr Farage told Express.co.uk: “It’s possible because European law is superior to British law.
“So Article 50 in a European treaty does have supremacy over the Benn Act as it now is.”
This means Mr Johnson could argued the fact EU law, into which the Article 50 deadline is written, trumps British law in which the Benn Act stands.
This could see the UK exit the EU without a deal on October 31 if the Government can successfully argue the Article 50 deadline must be respected over the demands of the Opposition MPs to extend negotiations until January.
But Mr Farage said he was not convinced Mr Johnson was prepared to take the nation out of the EU without a Brexit deal.
He said: “But that’s if Boris wanted to go along and take us out of the EU with no deal.. but I just don’t think he’s going to do that.
“I hope I’m wrong, I would be delighted but I just don’t see it.”
When quizzed over whether he would publicly support Mr Johnson in the event of a no confidence vote, Mr Farage said he believes the Tory leader has “taken the wrong turn”.
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His remarks come after former Tory leader Remainer Sir John Major warned that the Prime Minister could sidestep the Benn Act – the recent Remainer legislation aimed at blocking a no deal exit – to force Brexit through at the end of October.
He said: “My fear is that the Government will seek to bypass Statute Law, by passing an Order of Council to suspend the Act until after 31 October.
It is important to note that an Order of Council can be passed by Privy Councillors – that is Government Ministers – without involving The Queen.
“I should warn the Prime Minister that – if this route is taken – it will be in flagrant defiance of Parliament and utterly disrespectful to the Supreme Court.
“It would be a piece of political chicanery that no-one should ever forgive or forget.”
But a spokesman for Mr Johnson insisted the plan to circumvent the Benn Act was not “something we recognise”
