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Boris Johnson 'will seek Brexit extension' if no deal agreed by 19 October

Varadkar said he would agree to an extension if it was put on the table by Johnson.

LAST UPDATE | 4 Oct 2019

BRITISH PRIME MINISTER Boris Johnson will ask for a Brexit extension if a withdrawal agreement has not been agreed by 19 October, court documents show. 

According to documents submitted to the Court of Sessions in Scotland, the British government said that Johnson accepted that he was obliged to send a letter to the EU asking for a delay and that if an extension was granted, Britain would also agree to it.

The Conservative Party leader has continually said, should the EU reject his proposals, he is prepared to take the UK out of the bloc without a deal on 31 October – despite the Benn Act committing him to request an extension to Article 50 if a deal is not secured following the European Council meeting in less than two weeks’ time.

European leaders gave his fresh Brexit proposals short shrift yesterday, with senior figures dubbing his “two borders” customs suggestion for Northern Ireland “unconvincing”.

Taoiseach Leo Varadkar said Ireland would likely agree to a request by the UK for an extension.

Speaking in Denmark, Varadkar said if Boris Johnson submits a request for an extension, he would agree.

“I’ve always said that Brexit doesn’t end with the UK leaving, it’s just the next phase of negotiations, but if the UK were to request and extension, we would consider it, most EU countries would only consider it for good reason, but an extension would be better than no deal,” he said.

Varadkar was speaking alongside the Danish prime minister Mette Frederiksen, who also agreed to a Brexit extension, before he added that he still believes a deal is possible at the EU Council Summit in mid-October.

“Our focus is on securing an agreement and getting a deal at the EU Council Summit,” the Taoiseach added

The legal action – led by businessman Vince Dale, SNP MP Joanna Cherry QC and Jolyon Maugham QC – is asking the court to require Mr Johnson to seek an extension to avoid leaving the EU without a deal. 

Maughan told Sky News:

“What we learned today is that the prime minister has promised the court, in his own name, that he will ask for an extension under the Benn Act if the conditions are satisfied, in other words if parliament has not before 19 October agreed a withdrawal agreement.

He’s also promised the court that he will not frustrate the Benn Act by which is meant that he will not send two letters, one saying can I have an extension, the other saying please don’t give me one, he won’t collude with foreign governments to attempt to persuade those foreign governments to veto an extension.

brexit Maugham speaking to media outside the Court of Session in Edinburgh. PA Wire / PA Images PA Wire / PA Images / PA Images

But Maughan said Johnson’s public comments about committing to the October 31 date meant he was playing “a very odd game”.

“It’s a very difficult game to understand because I think he told the House of Commons yesterday that we would leave come what may on October 31, and I do not understand how that statement can be reconciled with the promises that he’s made to the court today.

There is no way to square that circle. And he is going to have to come clean either to Parliament or the court.

Eurosceptic MP Steve Baker insisted that the Prime Minister would still meet the October 31 date.

Baker, leader of the European Research Group of Brexiteer Tories, told the PA news agency: “A source has confirmed that this just means the Government will obey the law but the source confirmed we will leave on 31 October.

“It’s not really a development in the position.”

Asked whether that means leaving without a new Withdrawal Agreement in place, he said: “We’re going to leave with or without a deal come what may.”

But Baker said he did not know what the Government’s plan was to get around the Benn Act if necessary.

Additional reporting from PA

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    Mute Dave Hammond
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    Oct 4th 2019, 1:29 PM

    Also breaking that he is on the look out for a ditch , a bottle of whiskey and a gun.

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    Mute Neilus-Maximus Decimus Meridius McDermott
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    Oct 4th 2019, 1:54 PM

    @Dave Hammond: brilliant!!!

    57
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    Mute RJ
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    Oct 4th 2019, 1:58 PM

    @Dave Hammond: the brexiteers just don’t see it. They can’t leave with a no deal, thankfully some folk can see and stop this happening knowing it’s bad for the country, and they also can’t get the deal they want because of the North. Are they stuck, for sure. They have no choice but a soft brexit or staying in.
    They are 3 years and still not at this conclusion.

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    Mute Fergus Murphy
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    Oct 4th 2019, 1:30 PM

    What happened to ‘do or die’ leaving on October 31st!?

    251
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    Mute Edmund Murphy
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    Oct 4th 2019, 2:26 PM

    @Fergus Murphy: Borris was always “Do or Lie”.

    109
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    Mute Joshua Walsh
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    Oct 4th 2019, 3:16 PM

    @Fergus Murphy: playing to his party so when an election comes around he can say he tried and it’s not his fault. His plan all along, general election, win majority, throw the DUP under the bus, border down the irish sea, job done

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    Mute Dave Harris
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    Oct 5th 2019, 12:39 AM

    @Fergus Murphy: the slimy freker has plans…. Getting a country like Hungary to veto the extension is a real possibility. Then Boris can say he asked for an extension, but didnt get one. Oh that Boris need a good kicking

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    Mute Joe Shea
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    Oct 4th 2019, 1:37 PM

    Shock Surprise… There will be No Brexit on 31st of October … Never saw that coming ..

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    Mute Rochelle
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    Oct 4th 2019, 1:53 PM

    @Joe Shea: The request still has to be granted by the EU

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    Mute Joe Shea
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    Oct 4th 2019, 1:56 PM

    @Rochelle: And we all know it will be approved …..

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    Mute Shaun Gallagher
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    Oct 4th 2019, 1:56 PM

    @Rochelle: Which it will but shouldn’t. It’s a joke at this stage. Dublin will have 15 in a row won and Brexit will still be going on

    79
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    Mute Barry Somers
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    Oct 4th 2019, 2:30 PM

    @Rochelle: it will be approved, unlike BoJo the EU don’t want a no deal.
    BUT the EU will not give the UK a deal that weakens the EU and rightly so.

    The UK is leaving the EU, it is not the EU leaving the UK…accordingly the EU owes the uk very little.

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    Mute The Guru
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    Oct 4th 2019, 3:09 PM

    @Barry Somers: BoJo doesn’t want a no deal either, he couldn’t give a toss. He’ll do whatever will keep himself in power.

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    Mute John Hagin Meade
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    Oct 4th 2019, 5:37 PM

    @Joe Shea: In my opinion, if the EU agree to extend article 50 yet again, it will show a weakness on their part. The UK can and will continue to extend it as long as they like without having to offer a serious deal agreement.

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    Mute Dave Harris
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    Oct 5th 2019, 12:42 AM

    @The Guru: BoJo does want a no deal – everything he does makes it more likely. If he gets a no deal, the rich aristos get to avoid the tax regime of the EU, plus all the hedge funds and other rich twuts get to buy up big in the economic slump and pocket billions when things eventually pick up. Meanwhile the British public are just sacrificed, as is Ireland

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    Mute Geraldine O'Riordan
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    Oct 4th 2019, 1:30 PM

    BRITISH PRIME MINISTER Boris Johnson will seek a Union asking a Brexit extension if a withdrawal agreement has not been agreed..

    What does that even mean…

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    Mute Geraldine O'Riordan
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    Oct 4th 2019, 1:49 PM

    @Geraldine O’Riordan:
    Ha….only took 10 mins for them to fix headline and 1st line of article..
    Glad to see they’re paying attention to the comments…

    43
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    Mute Ger
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    Oct 4th 2019, 6:19 PM

    @Geraldine O’Riordan: careful Geraldine. I made a joke about a few misspelled words in a headline and they banned the account I’d had for 7 years. I’ve had to create a new one. Some of the journos don’t have a sense of humour.

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    Mute Bob Earner
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    Oct 4th 2019, 1:34 PM

    He is desperately trying to find a way around the Benn act. The Docs might say he’ll send the letter but he’s definitely going to try and pull a fast one.

    Problem (for him) is that the Courts will find against him should he try anything.

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    Mute lambda sensor
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    Oct 4th 2019, 2:01 PM

    @Bob Earner: If BoJo doesn’t request AND accept an extension then Britain is out on 31st October. That is the agreed time as of now and if nothing is done to change that (an extension) than that is the date BREXIT will be effective – with or without a deal.
    Sure, someone could go to the courts to enforce the Benn act if it is been broken and he has taken them out without an extension. But the UK courts don’t have jurisdiction to force the UK back into Europe once they have left so I am not sure what remedies there would be.

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    Mute Bob Earner
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    Oct 4th 2019, 2:10 PM

    @lambda sensor: Neither the Financial Times not The Times believe there is a way round the Benn Act (there are 12 days between the Oct 19th & Oct 31st, plenty of time for a Court decision).

    The FT states “One could imagine a situation in which he refuses to apply for an extension, saying this has been imposed on him by parliament and in defiance of the will of the people. As a result, the extension might be formally applied for by a Whitehall official such as the Cabinet Secretary or by a court clerk.”

    But again, I go back to my original point, he is looking for a way around it. I don’t trust him.

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    Mute Dave.
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    Oct 4th 2019, 1:32 PM

    This is hilarious. Borris is such a chancer.

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    Mute Quiet Goer
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    Oct 4th 2019, 1:41 PM

    @Dave.: a grade A1 spoofer

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    Mute eddie horgan
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    Oct 4th 2019, 2:59 PM

    Time for cool heads. Simon Coveney playing a blinder

    47
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    Mute Bob McShane
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    Oct 4th 2019, 3:04 PM

    Theresa may must be feeling quite vindicated right about now.

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    Mute Lisa Saputo
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    Oct 4th 2019, 1:40 PM

    Ha ha, the Brexiters will have a conniption over this.

    39
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    Mute Gerry Ryan deG
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    Oct 4th 2019, 1:48 PM

    @Lisa Saputo: wont it be some show with Mark François foaming at the mouth and shouting about Dunkirk, Steve Baker bawling like a babby and Arlene packing her stuff to move home to her mainland. Cant wait.

    57
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    Mute Maurice
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    Oct 4th 2019, 1:34 PM

    Aw, I was looking forward to a load of terrible Brexit Halloween puns here if they left.

    27
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    Mute Skybloo
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    Oct 4th 2019, 1:50 PM

    Ah hear, c’mon, where’s the resident Brexiteer trolls to run over with the Boris Bus?

    26
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    Mute Edmund Murphy
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    Oct 4th 2019, 2:31 PM

    @Skybloo: I’m sure John and Willy are waiting for the daily express to tell them what to think. They aren’t ones for original thought.

    26
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    Mute Tauri Ursique
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    Oct 4th 2019, 1:56 PM

    Does this mean he has taken the ditch option off the table? Regrettably he keeps getting it wrong!

    25
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    Mute Willy Mc Bride
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    Oct 4th 2019, 1:31 PM

    Some poker player Boris …
    Is he bluffing for best deal..
    Here’s hoping Lieo and co don’t twith, despite EU folding and desperate for deal to avoid inevitable recession with no deal. No border is no border.

    19
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    Mute Ger
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    Oct 4th 2019, 2:35 PM

    @Willy Mc Bride: the EU can “fold” all they like, they won’t, that should be clear by now. But at the end of the day any withdrawal agreement has to be ratified by all 24 members and if Ireland don’t like it it doesn’t happen.

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    Mute ianglen
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    Oct 4th 2019, 1:47 PM

    We’ve entered Autumn and the ditches are cold lol..

    20
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    Mute Aine Power
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    Oct 4th 2019, 1:29 PM

    Is he trustworthy, the devil in the detail.

    27
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    Mute Charles McCarthy
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    Oct 4th 2019, 3:18 PM

    Dump the DUP. Tell Snarleen et al to pack up and move to Scotland. I’m sure there is suitable accommodation in the Scottish hibredes for her and her club. Problem solved over night.

    24
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    Mute WoodlandBard
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    Oct 4th 2019, 2:14 PM

    Only BoJo and DUP leaving 31st October, after they have done with their fancy dress, masks and trick or treat collection … For the rest of us, business as usual.

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    Mute Daniel Finucane
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    Oct 4th 2019, 3:12 PM

    Straight to the MailOnline for the angry comments

    13
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    Mute Charles McCarthy
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    Oct 4th 2019, 3:22 PM

    @Daniel Finucane: they even added a pic of poor leo varadkar to get the dullard readership foaming at the mouth. Daily mail really hate the Irish. Comedy gold.

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    Mute Diarmuid Hunt
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    Oct 4th 2019, 8:45 PM

    @Daniel Finucane: Spent 10 minutes just to have a browse, makes TheJournal comment section look civilised.

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    Mute Billyjoe Remarkable
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    Oct 4th 2019, 3:58 PM

    An extension must have unanimous agreement by the other 27 colonies of the EU. If for example Hungary decided to veto the extension then the UK leaves with no deal

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    Mute Skybloo
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    Oct 4th 2019, 4:25 PM

    @Billyjoe Remarkable: Clutching at straws much?

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    Mute Billyjoe Remarkable
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    Oct 4th 2019, 5:07 PM

    @Skybloo: Not at all, it’s like last nights storm a non event

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    Mute Sean Treacy
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    Oct 4th 2019, 3:02 PM

    Three wheels on our wagon !

    7
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    Mute Declan Fitzsimons
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    Oct 4th 2019, 2:43 PM

    BoKIP has run out of road

    7
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    Mute Sean Ryan
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    Oct 4th 2019, 5:54 PM

    Seems that he is legally required to seek an extension, but if one is offered he has no legal requirement to accept it and can leave on Oct 31st as promised

    MP’s need to wake up to this before it’s too late. Get rid of Boris or live with the fallout that follows

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    Mute Nollaig Kelly
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    Oct 4th 2019, 3:33 PM

    Boris changing his mind how very not like him but

    6
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    Mute WoodlandBard
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    Oct 4th 2019, 7:12 PM

    Actually an applause for Leo from me for making a stand on this. I feel the plan needs a referendum vote from all of Northern Ireland, not Ireland held to ransom by the minority DUP party. Arlene and co are not Northern Ireland just like Boris is not really UK as the country did not vote for him. At least Teresa May’s deal seemed to fit the referendum result, delivering what 51.9% voted for and a compromise for the other 48.9%. To me, that seems democratic … first past the post winner takes all is not democratic.

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    Mute Mjhint
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    Oct 4th 2019, 3:19 PM

    Wow that really caught me out. This week I was thinking its all over soon. I thought Boris will jump off the cliff. To me brexit is over now. Its unlikely to be implemented.

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    Mute Charles McCarthy
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    Oct 4th 2019, 4:22 PM

    Just listening to the bould Christy Moore, don’t forget your shovel if you want to go to work, that reminds me, i must send Boris my old chum a copy, as he mentioned something about a ditch………….

    6
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    Mute Mary Mc Carthy
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    Oct 4th 2019, 5:32 PM

    Absolutely NOT ! No more extensions ! Its only adding to the uncertainty of what is going to happen . They had 3 years to figure this out and they still cannot agree even among themselves. ! And this think another few months extension is going to sort this out. Not a chance .
    Just leave and let us get on with life. Brexit has taken priority over our housing and heath services problems in Ireland and these are urgent problems that need to be tackled now.!!!! Not a few months/years down the road when they will be asking for yet another extension.
    Just leave Boris ……… and let us deal with whatever happens , because as bad as it may be for Ireland and the rest of the EU it will be worse for Britain. And forget about Trump’s promise of a special trade deal between the USA and Britain as a) he needs the backing of both houses , one of which he does not even control and B) he is 1/2 way through his term of presidency and on his way out and I am not even mentioning that he cannot be trusted !!!

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    Mute Darren B
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    Oct 4th 2019, 3:52 PM

    Hahahahahahahaha

    4
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    Mute pat seery
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    Oct 4th 2019, 4:05 PM

    Borris is a Looney

    6
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    Mute Stevie Doran
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    Oct 4th 2019, 3:32 PM

    God I’m so tired

    2
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    Mute Paul Dooley
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    Oct 4th 2019, 3:27 PM

    He will twist again

    He’s the man who never sleeps !

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    Mute LARRY SNEEG
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    Oct 4th 2019, 2:53 PM

    Article 50 ,

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    Mute Keith McDonagh
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    Oct 4th 2019, 10:30 PM

    Is anyone surprised?

    1
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    Mute Dan Skelton
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    Oct 4th 2019, 6:03 PM

    The Fresh Tw@ of Bellend

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    Mute Ian O'Rourke
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    Oct 5th 2019, 8:31 AM

    Can some tell Pascal this information befor he horses us out of it in next weeks Budget

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    Mute Geoff Bateman
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    Oct 4th 2019, 5:40 PM

    He aint gonna ask for an extention

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    Mute Diarmuid Hunt
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    Oct 4th 2019, 8:39 PM

    @Geoff Bateman: You’re right, but he is legally obliged to ask for an extension if they can’t agree to a deal.

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