Brexit negotiations are continuing overnight Brussels today in a desperate bid to get a political agreement ready in time for a crucial EU leaders’ summit.
Despite progress, EU officials suggested any deal would still have to be delayed by around two months to “resolve technical issues”.
Boris Johnson’s hopes of an agreement before tomorrow’s summit are fading as new hurdles emerge.
DUP leader Arlene Foster dismissed reports of a breakthrough over the issue of consent on customs arrangements as “nonsense”.
But Nicky Morgan, the UK’s culture secretary, said there was a good chance that Britain and the EU could come to an agreement.
“I think there is a good chance of there being a deal,” she said in an interview with ITV’s Peston show.
“Nothing [has been] agreed or announced yet, and of course there is a chance that actually a deal is not agreed.
“So I think we have to wait.”
If you would like to see how the day’s news unfolded, please see what was our live coverage below.
Good morning and welcome to The Independent’s live coverage of events at Westminster and Brussels, as the UK and EU appeared to be on the brink of reaching a Brexit deal.
Michel Barnier, the EU’s chief negotiator, is expected to brief ambassadors on the talks around 1pm in Brussels today.
Boris Johnson will brief his cabinet on the state of play around 4pm this afternoon, and will discuss whether to go ahead with a planned Commons sitting on Saturday depending on whether a deal has been reached.
Brexit negotiations are to continue this morning in a bid to get a legal text agreed and ready for a crucial EU summit, after Tuesday’s talks ran into the wee small hours.
Boris Johnson is running out of time to get an agreement in place so it can be approved by European leaders at the Brussels summit starting on Thursday.
A No 10 source said progress was still being made in the talks, which ran to about 1.30am.
Reports had suggested a deal was close ahead of a midnight deadline imposed by the EU, with the PM said to have made major concessions – thought to involve a customs border down the Irish Sea.
Despite optimism overnight, the mood music seems to be slightly different this morning – with Downing Street playing down suggestions a deal was close to be done. “Talks remain constructive but there is more work still to do,” said the PM’s spokesman.
Michel Barnier, the EU’s chief negotiator, is expected to brief ambassadors on the talks around 1pm in Brussels today.
Here’s our Europe correspondent Jon Stone on the state of play with the negotiations.
Late night Brexit talks in Brussels ‘on brink of deal’
But gap between the two sides remains as deadline for EU summit loomsNo-one in Paris or Berlin is getting too carried away by all the optimism. It’s not yet clear leaders in the European capitals will sign off any deal – even if agreed by negotiators today – at the two-day EU leaders’ summit beginning tomorrow.
One senior French official told The Guardian: “It’s not the Irish who will make the deal ... what matters is the content, and we have seen nothing yet.”
A senior German official told The Times that even a possible political agreement this week would not “resolve technical issues” and said Brexit would have to be delayed by around two months – moving the exit date to 1 January 2020.
Another EU diplomat warned: “Without a deal this week, Britain will need an extension. With a deal this week, Britain will need an extension.”
Could Johnson be ready to accept a delay to his “do or die” deadline? Newly-revealed Tory campaign leaflets suggest as much. The messages are clearly aimed at stunting The Brexit Party’s arguments if the UK hasn’t left the EU by 31 October.
As if there wasn’t enough drama going on, a trio of opposition MPs dead set against a no-deal Brexit have been spotted travelling to Brussels this morning.
Inquiries at City Hall and Parliament into US businesswoman Jennifer Arcuri and her links with Boris Johnson will start jointly on Wednesday.
Tech entrepreneur is at the centre of allegations that the PM showed her favouritism by giving her £126,000 in public funding and privileged access to three foreign trade missions while he was mayor of London.
The London Assembly will discuss its investigation on Wednesday at 2pm after Mr Johnson complied with a request for evidence from the oversight committee. Members of the committee have so far agreed with a request from his solicitors for the submitted papers to be kept confidential.
Only a few miles downstream, MPs will at the same time quiz culture secretary Nicky Morgan about a £100,000 grant that the Department of Digital, Culture, Media and Sport gave Arcuri’s business.
Could the DUP be persuaded to back an emerging deal? If so it would be despite the party’s strong opposition to any kind of customs border between Northern Ireland and the British mainland.
Following a 90-minute meeting between Boris Johnson and Arlene Foster, a DUP spokesman said “it would be fair to indicate gaps remain”. Asked later whether she would back a customs border in the Irish Sea, Foster told BBC Newsline: “No. We must remain within the UK’s customs union.”
But there are multiple reports this morning that the DUP have been offered one very clear incentive – money – in a bid to get its backing in the Commons.
The Financial Times says funding offered to Northern Ireland could run into “billions not millions”, while the Irish Times says the prospective deal “will be sweetened for DUP with a multimillion-euro package of investment funded by the EU, London and Dublin”.
Former Brexit secretary David Davis said the DUP’s backing of any deal will still be influential for Tory MPs.
The Conservative MP said Boris Johnson’s reported proposal differs to his predecessors’ because it gives Northern Ireland “equal advantage” outside of the EU.
He told BBC Radio 4’s Today programme: “The test of that will be, of course, the DUP.
“There will be, quote, a lot of Tory MPs who will take their line from what the DUP do.”
He was reminded that a customs divide in the Irish Sea was once described by DUP leader Arlene Foster as a “blood red” line.
“Well let's see when she sees the detail of the deal whether she thinks this is a blood red line or an acceptable compromise,” Davis said.
“I will look at what they say because it will be important, if the DUP says ‘this is intolerable to us’ that will be quite important.”
A cross-party group of opposition MPs – including expelled Tory Dominic Grieve, former Lib Dem leader Vince Cable, Labour’s David Lammy, the Greens’ Caroline Lucas, the SNP’s Peter Grant and Plaid’s Liz Saville Roberts – has arrived in Brussels. It’s not yet clear who exactly they are there to meet.
Mark Francois – one of the so-called Tory “Spartans” has been speaking about the DUP and a possible Brexit deal.
The Brexiteer has suggested he and his fellow members of the ERG may not necessary take their cue from the DUP on whether to back any deal Boris Johnson reaches with the EU.
“The ERG and the DUP have always been firm allies all the way through this process,” he told Sky News, but “it’s not axiomatic that we would automatically vote the same way”.
Tory rebel Antoinette Sandbach, sacked by Boris Johnson for rebelling over Brexit, has tweeted a picture of a threatening message she has received.
Sandbach lost a vote of confidence among members of her local Conservative party association on Tuesday night, and she is currently appealing over the suspension of the Tory whip.
The mood music is turning gloomy this morning.
Brexit secretary Stephen Barclay is speaking at the Exiting the European Union Committee this morning.
Barclay reveals the government has submitted draft texts for a political declaration with the EU, and says the government is confident it can ratify a deal before 31 October.
Asked about the Benn Act and whether Boris Johnson will write a letter asking for a delay if there is no deal in place by Saturday night, Barclay has said the PM will “abide” with the law.
Barclay said: “I confirm that the government will abide by what it set out in that letter.”
Asked by committee chair Hillary Benn how could PM send letter and still leave the EU on 31 October, Barclay says “we’ll cross that bridge in due course”.
Boris Johnson’s hopes of a Brexit deal before tomorrow’s crunch EU summit are fading as new “hurdles” emerge with the DUP and customs borders, The Independent understands.
There is increasing gloom that an agreement will be ready for EU leaders to sign it off at the summit this week. Our deputy political editor has the details.
Boris Johnson's hopes of Brexit deal before EU summit fade as new 'hurdles' emerge
Gloomier mood follows DUP warning that it will not accept a customs border in the Irish SeaBrexit secretary Stephen Barclay has asked to confirm that if there was a Canada-style free trade agreement, there would be customs checks, regulatory checks and rules of origin checks.
“It’s absolutely the case that we are committed to Northern Ireland coming out of the EU customs union,” he said.
Barclay said the UK is also committed to “minimising” any checks that are required.
Asked whether, like his colleague Michael Gove, he would vote for Theresa May’s Withdrawal Agreement if it was put before MPs again, Barclay said: “I voted for it three times, so yes.”
He said the difference is that Johnson’s proposition could pass a vote in the Commons.
“First and foremost, it would be deliverable,” he said, after being asked why it was “better”.
“The issue with the previous deal is the House of Commons rejected it three times.”
Irish premier Leo Varadkar said he had spoken to Boris Johnson again on Wednesday morning.
“There is a pathway to a possible deal but there are many issues that still need to be resolved, particularly around the consent mechanism and issues around customs and VAT,” he said.
“I spoke with the PM this morning by phone and the European Commission and I do think we are making progress but there are issues that need to be resolved and hopefully that can be done today, allowing us to ratify it at the European Council tomorrow, and allowing the House of Commons to vote on Saturday, but if it’s not there is still more time.”
Varadkar continued: “The 31st of October is still a few weeks away and there is a possibility of another summit before that if we need one.
“A lot of things have changed in the last three years, a lot of twists and turns but what’s never changed is our objectives. Although time is running short I am confident these objectives can be achieved.”
The DUP – crucial to getting any deal passed in the Commons – are heading back into No 10 for further talks.
Here’s the moment Brexit secretary Steve Barclay said Boris Johnson will comply with the Benn Act and ask the EU for a delay if he doesn’t get a deal approved by Saturday.
Michel Barnier, the EU’s chief negotiator, has reportedly told EU commissioners he is still “optimistic” a deal can be reached today.
According to RTE’s Europe editor Tony Connelly, the issue of consent is “proving difficult, with a senior EU source saying the DUP are pushing to restore a tighter Stormont lock”. And VAT has emerged as another problem.
Mark Francois, the European Research Group (ERG) deputy chair, said the group of eurosceptic Tory backbenchers would meet early on Saturday to decide whether to back any deal brought back by Boris Johnson from Brussels.
Francois, who was in an ERG delegation briefed in Downing Street on Tuesday and due to return for further talks later today, said he had not yet been given full details of Johnson’s plan. He told Sky News: “I hope the officers of the ERG will be in a position to recommend approving the deal, but we are not there yet.”
ERG members would vote as individuals, not as a bloc, he said, adding: “The ERG and the DUP have always been firm allies all the way through this process.
“It’s not axiomatic that we would automatically vote in the same way as them, but particularly as these arrangements have strong implications for Northern Ireland, we would give very strong weight to whatever the DUP say.”
Speaking to BBC News this morning, Francois was visibly frustrated as he struggled to be heard over the shouts of anti-Brexit protesters outside parliament.
