Boris Johnson could refuse to recall parliament even if the Supreme Court rules that his decision to suspend it was unlawful, the government has said.
Speaking shortly before the 11 judges hearing the case retired to consider their verdict on Thursday, government lawyers told the court that a ruling against the prime minister did not necessarily mean parliament would be allowed to resume sitting.
And even if the entire prorogation is declared void, Mr Johnson would be entitled to simply ask the Queen to suspend parliament again, they said.
Meanwhile, Sir John Major compared Boris Johnson to a dishonest estate agent in his written submission to the Supreme Court, claiming Mr Johnson’s stated reason for suspending parliament “can’t be true”.
It comes as Brexit secretary Stephen Barclay said the UK “cannot meet” EU demands for a backstop replacement. Mr Barclay suggested the UK should be given another year to find a new policy for the Irish border.
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Good morning and welcome to The Independent's live coverage of events at Westminster and beyond.
Attention will be firmly focused on events at the Supreme Court, where former PM Sir John Major will be making the case against current PM Boris Johnson.
On the third and final day of the historic hearing, justices will hear submissions on behalf of Sir John, the Welsh and Scottish governments and Northern Irish campaigner Raymond McCord, all arguing against the Boris Johnson’s suspension of parliament.
If you’re still catching up with day two, Johnson was called “father of lies” by a QC representing a group of parliamentarians.
Boris Johnson’s government accused of ‘dishonest, dirty tricks’ as Supreme Court hearing continues
Prime minister condemned over failure to provide statement as judges told his government has ‘shown itself unworthy of our trust’EU chiefs have told Boris Johnson told him to submit his written Brexit plan by the end of September or “it’s over”. Emmanuel Macron and Antti Rinne, prime minister of Finland, current holder the EU presidency, agreed the new deadline after meeting in Paris.
Our Europe correspondent Jon Stone has all the details.
EU tells Boris Johnson he has 12 days to reveal Brexit plans or ‘it’s over’
Macron hatches new deadline with EU Council presidencyIt’s John Humphrys last day on Radio 4’s Today programme. And he has been speaking to both Tony Blair and David Cameron.
Blair told Humphrys his decision to take Britain into war with Iraq was taken in “good faith” – like Cameron’s decision to hold the Brexit referendum.
The former Labour prime minister also said the big two parties should be worried about the Liberal Democrats.
“What will destroy the two-party system is if it becomes clear that the two main parties have moved so far away from the centre that the gap in the centre has to be filled in order to be representative of the state of opinion.”
He added: “You only have to look at the Liberal Democrats now, at their party conference. For the first time in a long time, they are looking a much more serious group of people.”
Blair said: “They have got a coherent argument. If I was the two main parties at the moment, I would worry a lot about that.”
David Cameron, meanwhile, has defended his decision to step down following the UK’s decision to leave the EU.
He told John Humphrys on the Today programme that he would not have been the person to deliver Brexit having campaigned for Remain.
Cameron said he had not wanted to resign so quickly after the 2016 referendum and “hated” giving the impression he was running away.
He said he would have “lacked the credibility” a prime minister needs and felt the need to step aside quickly.
Cameron defended calling the EU referendum, saying it had come from “honest” motives. He said there had been “growing problems” with the EU and said there was a growing appetite for a referendum in the UK.
The former PM acknowledged he had “failed” with improving the situation but denied being “complacent”, saying he takes a “big share of responsibility” for what has happened since.
David Cameron sought support from the Queen during the Scottish independence referendum campaign after a poll predicting a Yes victory “panicked” him, he has revealed.
Cameron made contact with Buckingham Palace officials in 2014, suggesting the monarch could “raise an eyebrow” in the close-fought campaign.
He told the BBC: “I remember conversations I had with my private secretary and he had with the Queen’s private secretary and I had with the Queen’s private secretary, not asking for anything that would be in any way improper or unconstitutional, but just a raising of the eyebrow, even, you know, a quarter of an inch, we thought would make a difference.”
A few days before the referendum, the Queen told a well-wisher in Aberdeenshire that she hoped “people would think very carefully about the future”.
In his latest round of interviews, he also dismissed those dead pig allegations as “false and ludicrous”.
David Cameron breaks silence on dead pig allegations
Former prime minister says he found the story hilarious, not embarrassing
Sir John Major has compared Boris Johnson to a dishonest estate agent in his written submission to the Supreme Court.
He has cited a legal case where the buyer of a home claimed they wanted to live in it, when they really had an “ulterior motive” of wanting to sell it on for profit.
On the final day of the hearing, justices will hear submissions on behalf of Sir John, the Welsh and Scottish governments and Northern Irish campaigner Raymond McCord – all arguing against Johnson’s suspension of parliament.
A new YouGov poll for The Times shows the Liberal Democrats pushing Labour into third place.
The poll puts Lib Dem support at 23 per cent, up four points from last week, and Labour at 21 per cent, two points down. The Conservative Party is at 32 per cent, unchanged from a week ago.
It is the first time the Labour Party has been in third place since July.
Half of those who backed Labour in the 2017 election are sticking with the party, with a quarter going to the Liberal Democrats and 9 per cent backing Nigel Farage’s Brexit Party, according to the survey.
The DUP has confirmed that party leader Arlene Foster and Irish premier Leo Varadkar met in Government Buildings in Dublin after she addressed the Dublin Chamber of Commerce on Wednesday.
A party spokesman said: “They discussed Brexit and the need for the restoration of devolution.”
According to The Irish Times, Foster has indicated she could accept some “special arrangements” for Northern Ireland, so long as the existing backstop is dropped.
In further fall-out from yesterday’s big confrontation at a Leytonstone hospital, Omar Salem – the man who told Boris Johnson the NHS was being “destroyed” – has defended the BBC’s political editor.
John Humphrys has hosted his final edition of BBC Radio 4’s Today programme after 32 years on the show – and was compared to a religious prophet before he left.
Roisin O’Connor was listening in.
John Humphrys compared to religious prophet on final Today show appearance
Several public figures make gushing tributes to veteran interviewer’s ‘fearless moral passion’Tories seem to love gossiping about the Queen, don’t they?
Jacob Rees-Mogg has insisted the Queen was “in no way misled” over the decision to suspend parliament - and revealed he travelled with Her Majesty’s hairdresser from the airport to Balmoral before seeking approval to prorogue.
He told a Telegraph event: “There was no plot, there was a prorogation. We don’t plot, governments make decisions.
“We went up with British Airways, the three relevant ministers - me, the leader of the House of Lords and the government chief whip.
“And we had a fantastic journey from Aberdeen airport to Balmoral because we travelled with the Queen’s hairdresser - I hope it’s not too indiscreet to tell you that, who was absolutely charming and full of fascinating stories, which I can’t tell you.”
Rees-Mogg was asked if he worried he was a proxy for misleading the Queen over prorogation. He replied: “Oh what nonsense, no, absolute nonsense.”
He labelled Nigel Farage a “very distinguished political figure” a “significant British statesman” but would not be drawn on whether he should receive a knighthood or a peerage.
Rees-Mogg was also asked if there was a way back for the 21 MPs who lost the Tory whip earlier this month. He replied: “I think that it is human to err, it is divine to forgive and the prime minister is very close to being divine I think.”
He also expressed regret at his decision to recline on the front bench while listening to a key Brexit debate. Rees-Mogg said he was “simply sitting comfortably”, adding: “I do accept it was a mistake.”
Brexit secretary Stephen Barclay said “we stand ready to share relevant texts”, but Brussels needs to show more flexibility in its approach to negotiations.
Speaking to business leaders in Spain, Barclay said: “A rigid approach now at this point is no way to progress a deal and the responsibility sits with both sides to find a solution.
“We are committed to carving out a landing zone and we stand ready to share relevant texts. But it must be in the spirit of negotiation with flexibility and with a negotiating partner that itself is willing to compromise.”
Barclay will meet the EU’s chief Brexit negotiator Michel Barnier on Friday.
So. The third and final day of the historic hearing at the Supreme Court will soon begin.
Judges will hear submissions on behalf of Sir John Major, the Welsh and Scottish governments and Northern Irish campaigner Raymond McCord – all arguing against the Boris Johnson’s suspension of parliament.
Our correspondent Benjamin Kentish will be reporting here, live from the court.
David Cameron has been talking about the Queen again this morning – justifying his decision to discuss with palace officials whether Her Majesty might “raise an eyebrow” during the 2014 Scottish independence referendum.
“I never asked for anything improper,” he said. “I don’t want to say anything more about this, I’m sure some people would think, possibly even me, that I’ve already said a bit too much.”
Lizzy Buchan has the full story.
David Cameron admits 'terrible mistake' over revealing phone call with the Queen
The Queen famously told well-wishers outside a church in Aberdeenshire that she hoped people 'will think very carefully about the future'
James Wolffe QC, Scotland’s Lord Advocate, has begun speaking in the Supreme Court on behalf on the Scottish government.
He has told the court in written submissions that Boris Johnson’s decision to suspend parliament will have “a profoundly intrusive effect” on the ability of parliament to scrutinise the executive.
Ronan Lavery QC is now speaking on behalf of Northern Ireland victims’ campaigner Raymond McCord – and is addressing the court on the potential effects of the prorogation on the people of Northern Ireland.
His submission states: “Withdrawal from the EU in terms that are harmful and oppressive to the people of Northern Ireland ... undermines the principle of consent of the people of Northern Ireland by preferring the interests of English nationalism over the safety and welfare of the people of Northern Ireland.”
The UK government has provided the European Commission with a document outlining ideas to replace the backstop, according to a BuzzFeed News report.
After EU chiefs demanded Downing Street submit a written proposal by the end of September, three sources told the website the text given to the Commission sets out ways in which the backstop could be dropped.
But there are no details in what’s actually in the document, unfortunately.
The BBC is now reporting the government is claiming “technical documents” have been handed over to the EU. But they do not, apparently, amount to “formal written proposals”.
Assistant political editor Norman Smith says it’s like a “slow lifting of the veil” as British negotiators give EU counterparts a “sneak look at the sort of things they are thinking about” when it comes to replacing the backstop.
