Get all your news in one place.
100's of premium titles.
One app.
Start reading
The Guardian - UK
The Guardian - UK
Politics
Andrew Sparrow

Brexit: Boris Johnson claims EU has not explained in detail why it objects to his alternative backstop plan - as it happened

Afternoon summary

If I may put the point another way, the government accepts that in executing its political policy it must comply with the 2019 Act. That being the government’s clearly stated position before the court, there is no need for coercive orders against it or against the prime minister to be pronounced. The court should not pronounce coercive orders (or decree for interdict) unless it has been established on the basis of cogent evidence that it is truly necessary for such orders to be granted. In my opinion, that has not been done in the present case.

I would add only this. I approach matters on the basis that it would be destructive of one of the core principles of constitutional propriety and of the mutual trust that is the bedrock of the relationship between the court and the crown for the prime minister or the government to renege on what they have assured the court that the prime minister intends to do.

  • James Duddridge, a Brexit minister, has dismissed as “rubbish” and “not true” a claim that the government plans to lower employment and environmental standards after Brexit. (See 4.12pm.)

That’s all from me for today.

Thanks for the comments.

“Ulster says No,” is one of the historic cries of unionism. The DUP’s Sammy Wilson has inverted that in a statement - one of several we’ve had from the party recently - strongly criticising the Irish government for its stance on Brexit. Wilson said:

It seems the ‘not an inch’ approach in Dublin will lead to no deal. How times have changed. Its now a case of ‘Dublin Says No’.

The DUP has worked with the prime minister to place a reasonable proposal on the table. It may not be perfect but it’s a fair deal. It recognises our unique situation and respects the referendum result ...

In every negotiation there must be give and take. The Irish prime minister must realise that we will not support Northern Ireland being held to ransom by either Dublin or Brussels.

In response to another urgent question Conor Burns, an international trade minister, has told MPs that the government will publish its plans for the tariffs that would apply in the event of a no-deal Brexit “shortly”. That may mean tomorrow.

Theresa May’s government published its own tariff schedule for no deal, but the new government will take a different approach.

In the Commons James Duddridge, the Brexit minister, has just said that his boss, the Brexit secretary Stephen Barclay, is going around Europe “whipping up support and enthusiasm” for the PM’s Brexit deal.

(If Barclay is supposed to be whipping up enthusiasm for the deal, there is precious little evidence so far that his mission is having any success.)

These are from Dale Vince, the businessman who took the case to the Scottish court of session calling for a ruling saying Boris Johnson would have to obey the Benn Act, along with Joanna Cherry and Jolyon Maugham.

Brexit minister James Duddridge says it is 'rubbish' and 'not true' to claim government planning to lower standards

In her question a few minutes ago Jo Swinson, the Lib Dem leader, said the government’s refusal to publish the legal text would prompt fears that the government was prepared to lower standards. Surely the public had a right to know if the PM was prepared to sacrifice the quality of food on supermarket shelves, the rights of workers to take holiday and the rights of children to breath clean air?

James Duddridge, the Brext minister, replied:

Quite frankly, that’s a load of rubbish.

That is not our intention. And our constituents, if they are worried and scared as a result of what the Liberal Democrats say, that is a terrible thing.

It just simply is not true.

James Duddridge
James Duddridge Photograph: Parliament TV

The Labour MP Tonia Antoniazzi asked if the DUP had seen the full legal text. Why would it be right for them to see it, but not the other opposition parties.

Duddridge said he would not comment. He said MPs who had been ministers would know that, in a negotiation, different people see different bits of text.

In the Commons Hilary Benn, the Labour chair of the Brexit committee, said something did not add up in relation to what James Duddridge said about there being no need for new infrastructure in Ireland. He said Boris Johnson told the BBC last week there would be a system of customs checks away from the border. But the plan published last week said customs checks would be carried out at traders’ premises, or other designated locations. And it said goods would be under customs supervision as they crossed the border. So how can you have customs checks with no customs infrastructure?

Duddridge replied:

The government are looking for a tailored solution.

He said the sort of procedures mentioned in the plan were already being used in some places.

Hilary Benn
Hilary Benn Photograph: Parliament TV

Duddridge is responding to Starmer.

He says what the PM said in the Commons on Thursday last week about there being no need for any new infrastructure anywhere was correct.

And he says the government is committed to upholding rights. That will become clear when the text is published, he says.

Starmer is responding.

He says MPs have not seen the 44-page legal text. That means they have to guess, or, even worse, take the PM’s word for it.

He says the taoiseach, Leo Varadkar, says there is a contradiction between the plan and what Boris Johnson told MPs last week about there being no need for any new infrastructure in Northern Ireland.

He says Duddridge should clear this up.

Both Varadkar and Jean-Claude Juncker, president of the European commission, have called for the text to be published, he says. What is the government hiding?

He says, if it is true that workers’ and environmental rights will be protected, the full legal text should be published so people can be reassured.

Sir Keir Starmer
Sir Keir Starmer Photograph: Parliament TV

Urgent question on legal text of government's new Brexit plan

Sir Keir Starmer, the shadow Brexit secretary, has just asked his urgent question on when the government the legal text of its new Brexit plan

James Duddridge, the Brexit minister, is replying.

He says the government is “unconditionally committed” to finding a solution to the Irish border issue.

It is committed to avoiding “infrastructure, checks or controls” at the border in Ireland.

He says the government published details of its new plan last week. At the same time it also shared a legal text of the proposed changed to the withdrawal agreement with the European commission, but on a confidential basis.

He says the government will only publish this at a time when doing so would help it get a deal.

The SNP has today announced it is setting up a social justice and fairness commission, which it says will show how Scotland could use independence to create a fairer society. It is intended to complement the work of the SNP’s sustainable growth commission, which reported last year. Shona Robison, the former Scottish government’s health secretary who will convene the commission, said:

Independence is fundamentally about creating a better Scotland.

The social justice and fairness commission will explore in detail how we can use the powers of independence to end poverty, tackle inequality and improve the lives of families across Scotland.

That’s a crucial task – both for persuading people of the case for independence, and for building a better country once we achieve it.

Here is the full list of commission members.

Shona Robison, right, on a visit when she was the Scottish government’s cabinet secretary for health.
Shona Robison, right, on a visit when she was the Scottish government’s cabinet secretary for health. Photograph: Andrew Milligan/PA

Plaid Cymru has confirmed that it would support Jeremy Corbyn as leader of an interim administration to prevent a no-deal Brexit. A Plaid Cymru source said:

It’s not about who, but about how we stop a disastrous crash-out Brexit. This is about policies not personalities.

The focus now must be on ensuring that the anti-no deal legislation is enacted. We cannot afford to do anything to jeopardise that – that includes playing party political games over who should lead a caretaker administration.

Plaid Cymru has said we will work with anyone who can command a majority if a caretaker administration is needed to block a no-deal, secure an extension and deliver a referendum.

These are from ITV’s Robert Peston.

This is from the SNP MP Joanna Cherry, one of the people who brought the case to the Scottish court of session in an attempt to get a ruling that Boris Johnson must comply with the Benn Act. She said:

As a result of this important court action, we have forced the Tory government to concede that the prime minister will comply with the law, and promise to send a letter requesting a Brexit extension and not frustrate the purpose of the Benn Act.

However, given Boris Johnson’s slippery track record of acting unlawfully, and the contradictory statements issued by the UK government - we do not trust the Tory leader or believe he can be taken at his word to obey the letter and spirit of the law. As such, we will appeal the decision, and expect that appeal to be heard tomorrow.

A senior member of the Home Office’s drugs advisory panel has quit, claiming political interference is undermining its independence. Prof Alex Stevens, who worked on the Advisory Council on the Misuse of Drugs (ACMD), has posted a thread on Twitter explaining his decision, which was revealed by the Guardian.

Updated

Here is a Guardian video of the Extinction Rebellion protests around Westminster.

This is from Neale Richmond, an Irish senator and Fine Gael Europe spokesperson, explaining for the benefit of Boris Johnson (see 12.32pm) what the EU thinks the problems are with the UK’s Brexit plan.

Bruno Bonnell, a French MP for Emmanuel Macron’s En Marche! party, told Emma Barnett on Radio 5 Live this morning that Boris Johnson’s Brexit plan was “almost like a joke”. He explained:

It’s not a final version - it’s almost like a joke. We don’t even understand it ...

This is not a genuine offer. This is clearly a political manipulation to put the responsibility of a no-deal Brexit on the EU’s side.

Explaining his objection to the proposal, he said:

First of all, what he is suggesting right now is a very complex process, and even more complicated than what is proposed by the backstop.

Secondly, it’s again a last-minute proposal, as if he wanted to force the issue and put the responsibility of a no-deal Brexit onto the EU’s shoulders.

I mean we don’t want to pick and choose here. He is the one who refused the deal that was in place, that was proposed, that was negotiated.

Extinction Rebellion protesters outside parliament on Westminster Bridge.
Extinction Rebellion protesters outside parliament on Westminster Bridge. Photograph: Anadolu Agency/Anadolu Agency via Getty Images

The European commission said it plans to “take stock” later this week in terms of making an assessment of the UK’s Brexit plan. At its regular, daily briefing, the commission’s chief spokeswoman Mina Andreeva said:

Talks will continue today and this week in order to give the UK the opportunity to present their proposals in more detail and then we will take stock with member states and the European parliament throughout the week.

And, as we have said before, everyday counts in these talks.

I think we have said many times that we are available 24/7.

Labour MP Stephen Hepburn has been suspended from the party following a complaint of sexual harassment, the Press Association reports. It is understood his case has been referred to the national constitutional committee and he has been suspended pending that process.

Ian Jones from the Press Association has filed this, looking at four potential dates for the general election.

Time is running out for a general election to take place before the Christmas season.

The earliest date for polling day is probably Thursday November 28.

By law, parliament has to be dissolved 25 working days before a general election.

For an election on November 28, dissolution would need to take place on October 24.

This would give MPs time to debate and vote on the Queen’s Speech, which is taking place on October 14.

It also avoids a clash with the EU summit of October 17/18.

But MPs may want to wait until after October 31, the day on which the government says the UK will leave the EU, with or without a deal, before triggering an election.

Under this scenario, MPs could hold the trigger-vote on November 4 or 5, parliament would be dissolved on November 7, with polling day falling on December 12.

A dissolution any later than November 7 would push the election very close to Christmas.

A third scenario could see MPs try to fix polling day for as early as possible in the new year, probably on January 9.

This would mean dissolution on December 2, however, and it seems unlikely politicians would wish to spend the festive period campaigning.

MPs may therefore decide to sit tight and wait until Christmas is out of the way before triggering an election, with dissolution potentially on January 9 followed by polling day on February 13.

Greens calls for legalisation of drug use

The Green party has proposed the legalisation of drug use in the UK and the establishment of a regulated market with tightly-controlled specialist pharmacies selling currently illegal substances.

It appears to be the first time a UK political party has gone so far as to call for the radical change in drug policy, and it comes amid heightened concern over the exploitation of teenagers by county lines drug gangs and record drug-related deaths. Dr Alex Armitage, the Green party candidate for Hackney North and Stoke Newington who is leading on the policy told the Guardian:

Our policy stems from the fact that we’re recognising more and more that the prohibition of drugs is a complete and utter failure, particularly for people marginalised in society.

It doesn’t matter if you’re dealer recruited into organised crime group after being excluded from school, or a person who was abused as a child who uses heroin to numb the pain or whether you live in an affluent area and worry about your home being burgled by people who need to steal to enable their drug use. It’s an issue that affects everyone in society in one way or another.

Particularly in south America, where cocaine originates from, you have murder and disappearances on a mass scale, massive environmental destruction and visible corruption of government. Rather than having short term solution to problems we face, the Greens are taking a step back and looking at the bigger picture.

All of this death, harm and destruction stems from the fact that drug use is illegal and unregulated. The only way to regulate drug use is to create a legal system.

Under the proposals, closely regulated specialist pharmacies would be permitted to sell recreational drugs to adults at fixed doses and prices over the counter after a safety consultation.

“People would know exactly what they were taking,” Armitage said. “It solves the problem of drug dealers cutting drugs with unknown substances.”

UPDATE: We have amended the copy above to remove a reference to two class A drugs. The party has now clarified its position and it says its policy to regulate the supply of drugs, including fuller details of the drugs covered, will be released in due course.

Updated

Here is some Twitter comment on the Scottish court judgment.

From the law lecturer and Times journalist Raphael Hogarth

From my colleague Severin Carrell

From David Anderson, the QC, crossbench peer and former independent reviewer of terror legislation

From the FT’s legal commentator David Allen Green

Here is a link to the full text of the Scottish court’s judgment.

These are from Jolyon Maugham, the lawyer who has lost the case in Scotland intended to get the court to issue an order compelling Boris Johnson to comply with the Benn Act.

Here is James Cleverly, the Conservative party chairman’s, take on the Brexit crisis.

There are five urgent questions in the Commons today.

Boris Johnson speaking to medical staff during his visit to Watford general hospital
Boris Johnson speaking to medical staff during his visit to Watford general hospital Photograph: Peter Summers/PA

Boris Johnson says he will speak to Trump if US refuses to waive immunity for diplomat's wife

During his interviews at Watford hospital Boris Johnson also said he was willing to speak to President Trump about the American diplomat’s wife who is using diplomatic immunity to escape criminal proceedings in relation to a car crash that killed Harry Dunn, 19, in Northamptonshire. Johnson said:

I think everybody’s sympathies are very much with the family of Harry Dunn and our condolences to them for their tragic loss.

I must answer you directly, I do not think that it can be right to use the process of diplomatic immunity for this type of purpose.

And I hope that Anne Sacoolas will come back and will engage properly with the processes of law as they are carried out in this country.

That’s a point that we’ve raised or are raising today with the american ambassador here in the UK and I hope it will be resolved very shortly.

And to anticipate a question you might want to raise, if we can’t resolve it then of course I will be raising it myself personally with the White House.

Updated

Court rejects latest request to force PM to ask for Brexit extension

Anti-Brexit campaigners have failed in an attempt to force Boris Johnson to ask for an extension to article 50 if he is unable to get a Brexit deal through parliament, my colleague Severin Carrell reports. His story goes on:

Lord Pentland, sitting in the court of session in Edinburgh, rejected their request for a court order instructing the prime minister to seek an extension if he cannot get a deal passed by the Commons this month.

Here is the full story.

Boris Johnson restates claim UK will leave EU on 31 October

Boris Johnson has also restated his claim that the UK will definitely leave the EU on 31 October - even though MPs have passed the Benn Act, which is intended to stop that happening. Asked about the Scottish court case about whether he must send a letter requesting an extension in the event of there being no deal, Johnson said:

We will study any judgments, of course, very closely, as we always do. We will respect the law. And we will leave the European Union on October 31. Clearly, that’s what the people of this country voted for. I think most people just want just to get Brexit done.

The court of sessions judgement on Brexit will be out at 12.45pm, the lawyer Jolyon Maugham says.

Boris Johnson claims EU has not explained in detail why it objects to his Brexit plan

This is what Boris Johnson said at Watford hospital when a reporter asked him if his Brexit plan was “dead in the water”. He replied:

Our proposal is very fair, very reasonable. What it does is respect the Good Friday agreement, the peace process in Northern Ireland. It makes sure there’s no hard border, no checks at all at the border between Northern Ireland and Ireland. It also goes further in allowing Northern Ireland and Ireland in alignment, both for agrifoods, for cattle and so on, but also for industrial goods as well. That’s a big step forward, big advance, big compromise by the UK government.

What we are saying to our friends is, this is a very generous, fair and reasonable offer that we have made. What we would like to hear from you now is what your thoughts are. And if you have issues with any of the proposals that we’ve come up with, then let’s get into the detail and discuss them.

It was then put to Johnson that his Finnish opposite number, Antti Rinne, had said Johnson was only just now realising what a “big mess” Brexit is and that Emmanuel Macron, the French president, was saying a deal would have to be agreed by Friday. Johnson replied:

Well, I spoke to both Antti Rinne, the Finnish prime minster, and to Emmanuel Macron yesterday. And I think they can see that there is an argument now for pushing on and getting on with some substantive talks on the detail of what we are proposing ...

The issue is, what is the EU’s objection [to the UK plan]. We haven’t really heard the detail from them about what they think the problems are. It is time for use to get together and really thrash this thing out.

Johnson’s claim not to know why the EU is objecting to his plan is surprising. Everyone else seems to know, and Johnson himself has spoken to a series of EU leaders, including Jean-Claude Juncker, the European commission president, Donald Tusk, the European council president, and Leo Varadkar, the Irish taoiseach (PM). There is a good summary of EU objections here, in the statement from the European parliament’s Brexit steering group.

Johnson also refused to answer questions about the Jennifer Arcuri interview on Good Morning Britain this morning (see 9.17am), saying he had already said all he wanted to on this matter.

Updated

Boris Johnson has been visiting Watford general hospital this morning. Looking at the photographs from the visit, it seems that for the second time in a week he’s been engaging in mug politics - getting your chinaware to do your political messaging.

Boris Johnson speaking to mental health professionals during his visit to Watford general hospital in Watford.
Boris Johnson speaking to mental health professionals during his visit to Watford general hospital in Watford. Photograph: Peter Summers/POOL/AFP via Getty Images

Here is last week’s example.

Johnson has also been giving interviews. I will post the highlights shortly.

The lawyer Jolyon Maugham has a useful Twitter thread on what to expect from today’s court of session Brexit judgment. It starts here.

UK urged to show 'more realism and clarity' on Brexit as No 10 says it is now up to EU to 'compromise'

I’m just back from the Downing Street lobby briefing, and nothing was said by the prime minister’s spokesman to suggest that Boris Johnson thinks there is much chance of the UK reaching a Brexit agreement with the EU this week. Johnson is due to hold telephone calls today with the prime ministers of Sweden, Denmark and Poland, but the spokesman did not announce any plans for Johnson to hold face-to-face meetings with his EU counterparts and he would not deny a report saying a meeting with Angela Merkel, the German chancellor, has not taken place because Merkel’s office could not find a slot for him in the diary.

There was a stage when Johnson was claiming that the UK was making significant progress in its talks with the EU. But the spokesman was not using language like that this morning, although when pressed he said that the EU did view the publication of the UK plans last week as a “step forward”.

The spokesman also kept stressing that it was now up to the EU to compromise. Asked about Stef Blok, the Dutch foreign minister, saying this morning that the EU wanted “more realism and clarity” from the UK on Brexit, the spokesman replied:

We are ready to talk with the EU at a pace to secure a deal so that we can move on and build a new partnership between the UK and the EU, but if this is to be possible the EU must match the compromises that the UK has made.

Blok made his comment after a meeting with Stephen Barclay, the Brexit secretary.

Updated

These are from ITV’s Robert Peston.

I’m off to the Number 10 lobby briefing. I will post again after 11.30am.

On the BBC’s Westminster Hour last night Lee Rowley, a Tory Brexiter who voted against Theresa May’s deal three times, said he did not think leave voters would blame Boris Johnson if Brexit were delayed. He explained:

I think the British people have more or less clocked what’s going on here. And I was out in my constituency, North East Derbyshire - 60% leave seat, formerly Labour-held for 80 years – this weekend. I lost track of the number of people who said to me on the doorstep –we know what’s going on, Boris is trying to get a deal and he is also trying to get us out. And if he doesn’t achieve that, and Boris is clear that he is going to do that, but if he doesn’t, we know where the problem will be. Because it’s the same problem that’s been there’s been for the last two years. Parliament doesn’t want to leave.

Will leave voters blame Boris Johnson if Brexit gets delayed?

One of the key questions in British politics at the moment is whether pro-leave voters will blame Boris Johnson if Brexit has to be extended, and line up behind Nigel Farage’s Brexit party at the general election, or whether they will give Johnson the benefit on the grounds that at least he tried.

As Mujtaba Rahman says in his Eurasia briefing (see 9.57am), No 10 used to think a Brexit delay would be disastrous for the Tories electorally, but now they have changed their mind. Rahman says:

The election could turn on this question: how damaging will an extension be for Boris? His strategy is to make enough gains in Labour-held leave areas in the North and Midlands to offset likely losses to the SNP in Scotland and the pro-Remain Lib Dems in the South. This gamble would be compounded by an extension, which would likely play into the hands of Nigel Farage’s Brexit party, who would cry betrayal. To win a majority, the Tories need to further squeeze the Brexit party’s vote.

Initially, Boris allies were nervous about the impact of an extension. But during last week’s Tory conference they became confident that the “Farage factor” would not scupper Johnson’s chances of victory. They were cheered by opinion poll and focus group findings that the PM would not be blamed for the latest delay to Brexit. As one aide said: “The public see him as Mr. Brexit and the only one who can deliver it. They know who is responsible [for delay] and we will keep reminding them of it.”

Team Boris is confident of success in what is a “blame game” at three levels—pinning responsibility for the coming extension on the EU, Parliament and the judiciary. It could be called the ABB strategy—anyone but Boris.

But in an article in the Times (paywall) the leading psephologist Prof Sir John Curtice is not convinced that Johnson will be able to escape the blame so easily.

So far, confidence in Mr Johnson’s handling of Brexit — and indeed his party’s standing in the polls which, according to Opinium’s latest poll, is, at 38 per cent, higher than at any time since last February, before Mrs May failed to deliver Brexit — has not suffered in the wake of what are already diminishing expectations among voters that Brexit will be delivered at the end of the month.

According to YouGov, at the beginning of September, three in five (60 per cent) Leave voters thought it likely that Brexit would have happened by October 31, while only about one in four (27 per cent) thought it unlikely. Now only about a half of them (49 per cent) expect Mr Johnson to meet the deadline.

Still, that potentially leaves a lot of voters whose hopes and expectations will be dashed if Brexit is not delivered at the end of the month. Of course, they may decide that some combination of the EU, the judges, Jeremy Corbyn and Jo Swinson are responsible for any failure to deliver Brexit. But expect Nigel Farage to point the finger of blame at Mr Johnson and his Conservative Party. Much could yet depend on who wins and loses the blame game.

Rob Ford, a politics professor, thinks leave voters will turn on Johnson if there is an extension. (BXP is the Brexit party.)

But Matthew Goodwin, another academic, takes an alternative view.

In a briefing he sent out at the end of last week Goodwin explained in more detail why he thinks, in an election, Johnson could win the support of people currently saying they would vote for the Brexit party.

Were Johnson and his team to successfully recruit Brexit party voters [at the general election] then they would likely win sizeable majorities. If Johnson won back half of the Brexit party vote then he might win a comfortable majority, with 348 seats to Labour’s 201. If he goes further and wins back three-quarters of Farage’s Brexiteers then the number of Conservative seats increased at around 370 to Labour’s 185 - a commanding majority.

Might this actually happen? We do think that the Brexit party vote is softer than some think, for a couple of reasons. First, when these voters are asked who would make the best prime minister - Johnson or Corbyn- they break 84% to 1% for Johnson. Lord Ashcroft asked a slightly different question, whether they would want to see a Conservative government led by Johnson or a Labour government led by Corbyn. 94% opted for a Johnson government. A campaign that inevitably presents voters with this simple binary choice would likely see many Brexit party voters conclude “Johnson”.

Even this week, as the pressure on Johnson became clear, large majorities of Brexit party voters still felt that he is competent, decisive, strong, likeable, authentic and ‘in touch with ordinary people’. In fact, 91% of Brexit party voters openly reject the idea that Johnson should resign and want him to remain as prime minister. Put simply, these do not look like people who are about to revolt en masse. It was also telling that when Nigel Farage called on Johnson to resign he was widely criticised by his own voters on social media. Furthermore, so long as Johnson appears sincere in his support for a ‘meaningful’, ‘clean’ or ‘hard’ Brexit then these Brexit party voters are instinctively on side. As polling made clear this week, 81% want Britain to leave with no deal while 91% would ‘not be worried’ if Britain left without a deal.

Five years ago Ford and Goodwin co-wrote an acclaimed book on Ukip, Revolt on the Right. Since then some of their views have diverged.

Mujtaba Rahman, the Brexit specialist at the Eurasia consultancy who produces regular briefing notes based on what he’s been told by insiders in London and Brussels, has issued an update on the state of play this morning. He says he thinks the chances of the UK and the EU agreeing a deal this week are now “close to zero”, and that the chances of a no-deal Brexit happening on 31 October are also “extremely small”. We’re heading for an election, he assumes.

Here’s an extract.

UK ministers admit privately there is little prospect of agreement. As one put it: “If the consent mechanism [on regulation] were the only problem, then a deal would be doable. But if we say Northern Ireland must be in the UK customs territory and the EU says it must be in the [EU] customs union, the problems are insurmountable. That’s where we are.”

Downing Street’s official line remains that the UK will leave on 31 October with or without a deal. At the same time, it insists the government “will obey” the Benn Act approved by parliament, forcing Johnson to seek an extension to UK membership if a deal has not been approved by parliament by 19 October. Ministers refuse to say how these contradictory positions will be reconciled. Some admit privately they do not know.

We think Johnson will pursue a strategy some aides describe as “being dragged, kicking and screaming” into an extension, so Leave voters know he is doing it against his will. This is why he still promises “no delay” even though he knows the prospects of a deal are remote.

He may play for time on 19 October, so the Benn Act is tested in the courts (Johnson would swiftly be taken to court if he did not comply immediately). The courts could send a letter on the government’s behalf, or order a civil servant or another minister to do so. Outright refusal to obey the law is a non-starter; it could provoke several resignations including those of Geoffrey Cox, the attorney general, and Robert Buckland, the justice secretary.

So we think that, sooner or later, Johnson will send the letter required by the act, but that too could be tested in the courts. It will likely describe the proposed delay as “parliament’s extension”, not one sought by the government.

This is from my colleague Severin Carrell.

The lawyer Jolyon Maugham says he does not know what time the Scottish court judgment will be issued. I had been told 10am, but that may have been duff information.

Scottish court to decide if Boris Johnson can be forced to sign extension letter

Politicians spend a lot of time in interviews dodging questions, but mostly they are not very good at it. They could all learn by watching Jennifer Arcuri, the American businesswoman at the centre of the scandal over claims that Boris Johnson improperly helped her company with grants and trade mission access when he was mayor of London because they had a very close friendship. She has given an interview to Good Morning Britain this morning, and she managed to give a non-answer that made her look strong and assertive, not weak and evasive. This is what she said when Piers Morgan asked her if she had ever had an intimate relationship with Johnson. She said:

Because the press have made me this objectified ex-model pole dancer, I am really not going to answer that question ... I’m sorry, I am not going to be putting myself in a position for you to weaponise my answer. I’m being used as a pawn. This entire thing is a crazy charade.

Arcuri also insisted that her firm had not received favours from Johnson.

My colleague Matthew Weaver has written the whole interview up here.

In normal circumstances this might be the story of the day, but the UK is only 24 days from a deadline that could pitch the country into a potentially crippling no-deal Brexit and Johnson has much more pressing things on his minds. His options might be affected by a decision in a Scottish court that could determine the extent to which he is constrained by the Benn Act. Here is the Press Association’s preview story.

A decision is expected to be made on whether the prime minister can be forced by the courts to send a letter requesting an article 50 extension.

Documents submitted to the court of session on behalf of Boris Johnson were read out on Friday, in which he makes it clear he will not attempt to frustrate the so-called Benn Act.

However, the petitioners believe No 10 cannot be trusted to abide by the law, so have launched legal action.

The legislation, passed by Westminster last month, requires the prime minister to ask the EU for a Brexit extension to January 31 if parliament does not agree to any withdrawal deal Number 10 may come back with by October 19.

Legal action - led by businessman Vince Dale, SNP MP Joanna Cherry QC and Jolyon Maugham QC - was launched at the outer house of the court.

It seeks to create an order which would force Johnson to send the letter and prohibits him from frustrating the Act’s purpose.

This includes banning him from asking EU member states to deny the letter’s request or by sending an additional letter which contradicts it.

Aidan O’Neill QC, representing the campaigners behind the legal action, claimed Johnson’s previous statements go against what he has said to the court through the documents.

He referred to promises made by the prime minister that he would rather be “dead in a ditch” than send a letter requesting an extension, and that the UK will leave on October 31 “do or die”.

Judge Lord Pentland is expected to announce his decision on the case on Monday.

And here is a blog from the Good Law Project, run by Maugham, explaining his case in more detail.

Here is the agenda for the day.

9.30am: Boris Johnson visits a hospital in Watford.

11am: Downing Street lobby briefing.

12pm: The court of session in Edinburgh is due to deliver its ruling in the legal challenge intended to ensure the PM complies with the Benn Act.

2.30pm: Therese Coffey takes work and pensions questions in the Commons.

At some point Jeremy Corbyn is chairing another meeting of the opposition parties in Westminster, to discuss joint efforts to stop a no-deal Brexit. And opposition MPs may press for an emergency debate on a more to force the government to publish the full legal text of its Brexit plan.

As usual, I will be covering breaking political news as it happens, as well as bringing you the best reaction, comment and analysis from the web, although I will be focusing mostly on Brexit. I plan to publish a summary when I wrap up.

You can read all the latest Guardian politics articles here. Here is the Politico Europe roundup of this morning’s political news. And here is the PoliticsHome list of today’s top 10 must-reads.

If you want to follow me or contact me on Twitter, I’m on @AndrewSparrow.

I try to monitor the comments below the line (BTL) but it is impossible to read them all. If you have a direct question, do include “Andrew” in it somewhere and I’m more likely to find it. I do try to answer questions, and if they are of general interest, I will post the question and reply above the line (ATL), although I can’t promise to do this for everyone.

If you want to attract my attention quickly, it is probably better to use Twitter.

Updated

Sign up to read this article
Read news from 100's of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Gary Numan says David Bowie had him thrown off set
Gary Numan has revealed he was once kicked out of a shoot after the music icon allegedly didn’t want him in the room.
BANG Premier
BANG Premier
Blake Lively's Legal Strategy in Focus After Judge Cuts 10 Claims in Justin Baldoni Battle
Judge dismisses most claims in Blake Lively's case against Justin Baldoni, leaving breach of contract and retaliation allegations for trial.
International Business Times UK
International Business Times UK
If You Find Joy In Learning Interesting And Fun Facts, Here Are 63 That Might Surprise You
This collection dives into some of the most interesting facts shared online, from surprising truths about animals to little-known details about the human body. Each one is quick, curious, and just intriguing enough to keep you scrolling.
Bored Panda
Bored Panda
Blake Lively sees most of her claims dismissed in a lawsuit against Justin Baldoni dismissed
After a federal judge ruled that only a narrowed portion of the case will proceed to trial, Blake Lively has seen most of her claims dismissed in a lawsuit against Justin Baldoni.
BANG Premier
BANG Premier
Check Your Medicine Cabinet: 5 Cough Drops Recalled Over Safety Concerns
It’s easy to overlook the small items in your medicine cabinet, especially something as routine as cough drops. Most of us grab them without a second thought, trusting they’re safe and effective. However, recent recalls have raised concerns about certain products that may pose unexpected health risks. From contamination issues…
Budget and the Bees
Budget and the Bees
Louis CK to headline Hollywood Bowl for Netflix festival
Headlining set for Netflix Is a Joke festival marks first outing with major streamer since misconduct allegations in 2017
The Guardian - US
The Guardian - US
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.
Download on the AppStore Get it on Google Play