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The Independent UK
The Independent UK
Politics
Adam Forrest, Ashley Cowburn, Chris Baynes, Benjamin Kentish, Lizzy Buchan

Boris Johnson: EU gives fresh Brexit ultimatum as Supreme Court told 'mother of parliaments shut down by father of lies'

Boris Johnson has been branded the "father of the lies" in an explosive Supreme Court hearing over his decision to prorogue parliament.

Aidan O'Neill, representing a group of cross-party MPs, urged judges "rather than allowing lies to triumph, listen to the angels of your better nature and rule that this prorogation is unlawful".

No 10 officials are reportedly concerned about how things are going in the hearing, fearing the judges will rule against the government and decide prorogation is a matter for the courts.

It comes after Mr Johnson was confronted by an angry parent during a visit to a NHS hospital. The EU’s chief negotiator Michel Barnier, meanwhile, accused the UK of only “pretending to negotiate” over Brexit.

Here's how we covered developments as they happened:

Good morning and welcome to The Independent's live coverage of events at Westminster and beyond.
Boris Johnson has been warned to “keep his nose out” of the Supreme Court case after he filed a written submission telling senior judges they have “no jurisdiction” over his suspension of parliament.
 
Ahead of the second day in the landmark hearing, Johnson said it would be “constitutionally inappropriate” for the judiciary to intervene in the prorogation – and warned the judges they risk “entering the political arena”.
 
Labour frontbencher Angela Rayner said: “The PM should keep his nose out of proceedings and let the Judges make their considered decision, they don’t need interference and warnings or finger wagging from anyone, especially from the bungling PM.”
Boris Johnson’s “humiliation” at the hands of Luxembourg over podium-gate will make a Brexit deal harder to reach, some EU officials believe.
 
Our Europe correspondent has all the details on the backlash against Luxembourg’s PM Xavier Bettel.
 

Boris Johnson's humiliation by Luxembourg could damage prospects of Brexit deal, EU worries

Politicians and diplomats concerned about Xavier Bettel's forthright criticism
In a slightly farcical development, the UK government claims it has put forward proposals to end the Brexit deadlock – but will not allow EU negotiators to keep hold of the written details for fear of leaks.
 
Brussels is becoming increasingly frustrated that no “concrete” suggestions to replace the Irish backstop have been submitted.
 
But British sources insisted papers setting out Boris Johnson’s position had been shown to the EU side, even though they were taken back at the end of meetings.
 
“We are showing them papers,” a government source claimed. “The difference is we are not leaving them with them.”
 
“Once you share it with 27 countries you are not in control of the document.”
 
The UK side has produced a version of the Withdrawal Agreement with the backstop removed to show Brussels officials what changes Mr Johnson requires. It has also shown the EU side some of the proposals to replace the backstop.
Labour would put a “sensible” Brexit deal to the public in a new referendum and abide by the result of the vote, Jeremy Corbyn has pledged – suggesting he will resist calls from party activists to explicitly back Remain.
 
More details on the looming row here.
 

Labour would put Brexit deal to public in ‘final say’ referendum, says Jeremy Corbyn

Labour government would hold national vote between ‘credible leave offer and remain’ and abide by result, says party leader
Poland’s ambassador to the UK, who has written a letter to 800,000 Poles advising them to “seriously consider” returning to their home country, has said he is concerned about the settled-status application process.
 
Speaking on BBC Radio 4’s Today programme, Arkady Rzegocki said of the procedure: “It is straightforward but we are concerned about this process a little.
 
“Many people do not realise they have to register as they have lived here for many years ... even if they have resident status, they still have to register.”
 
Rzegocki added: “There are quite a lot of problems with people trying to receive settled status. People who have been here five or 10 years have also had problems.”
Analysts at the Cicero Group think Boris Johnson could get a revised Brexit deal passed in the Commons.
 
Labour’s ruling body has backed a call to replace the party's student organisation with a new one.
 
The party’s National Executive Committee (NEC) supported a motion calling for Labour Students to be effectively abolished.
 
A Labour Party source said: “The NEC has asked staff to draw up proposals for a reformed student organisation that complies with the rules and represents the tens of thousands of students in our party.”
 
The NEC motion was put forward by the founder of the Jeremy Corbyn supporting Momentum group, Jon Lansman, and was approved just days before the start of the annual Labour Party conference.
 
Jess Phillips, the Labour MP for Birmingham Yardley, is among criticising the move.
 
European Commission president Jean-Claude Juncker has said progress on replacing the backstop could not be made to reach a deal until the UK submitted written proposals.
 
Speaking at the European Parliament following his meeting with Boris Johnson earlier this week, he said “the risk of a no-deal remains real” but that would be the choice of the UK government.
 
“I said to prime minister Johnson that I have no emotional attachment to the safety net, to the backstop, but I stated that I stand by the objectives that it is designed to achieve,” he said.
 
“That is why I called on the prime minister to come forward with operational proposals, in writing, for practical steps which would allow us to achieve those objectives.
 
“Until such time as those proposals have been presented I will not be able to tell you, looking you straight in the eye, that any real progress has been achieved.”
 
Juncker also told MEPs that his talks with Johnson had been “friendly, constructive and in part positive”.
 
“The Commission is prepared to work day in day out, morning until night - with a few breaks - to try to find the technical and political solutions we need but I am not sure that we will get there,” he said.
 
“There is very little time remaining but what I do know is that we have to keep trying.”
The EU’s chief negotiator Michel Barnier said that they still needed to hear more from the UK side about its proposals for replacing the Northern Ireland backstop.
 
“The position of the European Union has never been an ideological one. It has always been a pragmatic one,” he said.
 
“The new UK government this week in Luxembourg outlined the aspects of the backstop they don’t like. That is not enough, however, to move towards achieving a solution,” he said.
 
“We need a legally operative solution in the Withdrawal Agreement which addresses each one of the risks created by Brexit.”
 
Barnier acknowledged the concerns expressed by Johnson about the backstop.
 
“We understand the remarks of the UK prime minister on the democratic or non-democratic nature of the backstop,” he told MEPs.
 
“But it is up to the UK government to ensure the support of the Northern Ireland institutions to the Withdrawal Agreement because it would be signed on behalf of all of the UK.”
 
“I think we need to move forward with determination, we need to do so with ongoing co-operation and transparency.”
Nigel Farage is now speaking the European Parliament. He is promising his remarks will be “helpful”. He is being sarcastic. If you hadn’t already guessed.
 
Oh dear. He promised to be “helpful”. But Nigel Farage has called Luxembourg’s prime minister a “pipsqueak”.
 
The EU’s Brexit negotiator Michel Barnier has accused the British government of “pretending to negotiate”.
 
Our correspondent Jon Stone has more on the remarks made by Barnier – and by Jean-Claude Juncker – in the European Parliament.
 

EU tells Boris Johnson to stop 'pretending' to negotiate Brexit

Concerns raised that UK is not serious about talks
A Home Office minister has defended the settlement scheme for EU citizens in the UK as it came under fire from Poland’s ambassador and a senior MEP.
 
Polish ambassador to the UK Arkady Rzegocki said there were “quite a lot of problems” with the system.
 
Guy Verhofstadt, the European Parliament’s Brexit co-ordinator, hit out at the “bureaucratic” process which had even caused problems for EU citizens who had been in the UK for decades.
 
But Home Office minister Victoria Atkins insisted the government wanted to make the process “as easy as possible”.
 
Verhofstadt told MEPs in Strasbourg: “There are, every day in the British press, examples of people already living one decade, even two decades, in Britain who cannot have this so-called settled status.
 
“I think we need a fundamental shift in the way the UK Government applies at least that part of the Withdrawal Agreement.
 
“What we don’t need is a bureaucratic application as it is now. What we need from the British government is an automatic registration of all our EU citizens.”
Following Boris Johnson’s promise to be like the Incredible Hulk and break free of the EU’s “manacles”, Guy Verhofstadt has another movie character for the PM to emulate.
 
The PM’s right-hand man Dominic Cummings has move a little closer to becoming all-powerful at No 10.
 
He has been handed a new formal responsibility to sack cabinet ministers’ advisers – triggering a protest from the head of the civil service union.
 
Our deputy political editor Rob Merrick has the details.
 

Dominic Cummings given formal powers to sack cabinet ministers' advisers

Move follows controversy over the dismissal of Treasury aide Sonia Khan - who was frogmarched out of Downing Street
So. Proceedings have begun in the Supreme Court – the second of three days of arguments in the historic hearing over the suspension of parliament.
 
This morning Sir James Eadie, the government brief, will explain to the panel of 11 judges why they have no right to interfere in the prorogation.
 
Then Aidan O’Neill, barrister for Joanna Cherry, who led the SNP’s successful case in the Scottish courts against prorogation, will have his turn this afternoon.
 
Our correspondent Benjamin Kentish will be reporting here, live from the court.
 
Sir James Eadie QC sets out government case (UK Supreme Court)
 
Sir James Eadie, opening this morning's proceedings in the Supreme Court, is focusing on the issue of justiciability - in other words, whether the issue of proroguing parliament is a matter for the courts.
 
He says the courts have no right to rule on whether Boris Johnson acted lawfully in suspending Parliament, saying it would "not be constitutionally appropriate" because the prime minister's power to suspend parliament "is appropriate for political, not judicial, resolution and control".
 
Lord Kerr, one of the Supreme Court judges, asks him whether prorogation should not be a matter for the courts if it has "the potential to effect or undermine parliament's ability to carry out its constitutional function of holding the executive to account".
 
Sir James says cryptically that "prorogation has the effects that it has", before admitting the prorogation means that bills before parliament are dropped, parliamentary committees do not sit and the government does not have to answer questions from MPs and peers. But he says:
 
"This is a well-established constitutional function exercisable and to be exercised by the executive".
 
Responding to Jeremy Corbyn’s latest statement promising a second Brexit referendum, Labour MP Phil Wilson, a leading supporter of the People’s Vote campaign, said it was “great news”.
 
But Wilson said “there will be many people in the party worried that hints Jeremy might stay neutral in a final say referendum would not really be a sustainable position.
 
“It’s clear that the overwhelming majority of Labour MPs, party members and voters – including in so-called heartland areas – want the UK to be inside the EU.
 
“At next week’s party conference, our party will not only show that we’re backing a People’s Vote on a No Deal, a Tory Deal or a new deal agreed by a Labour government – but we will also show we’re a party that recognises that any form of Brexit is not as good as staying in the EU.”
The European Parliament’s Brexit coordinator Guy Verhofstadt has taken a pop at prorogation, saying: “The British Parliament may be shut down ... but the EU is not.”
 
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