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You can find the current article at its original source at https://www.theguardian.com/politics/live/2019/oct/07/brexit-latest-news-boris-johnson-court-to-decide-if-boris-johnson-can-be-forced-to-sign-extension-letter-live-news
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| Brexit: Boris Johnson claims EU has not explained in detail why it objects to his alternative backstop plan - live news | Brexit: Boris Johnson claims EU has not explained in detail why it objects to his alternative backstop plan - live news |
| (32 minutes later) | |
| Here is some Twitter comment on the Scottish court judgment. | |
| From the law lecturer and Times journalist Raphael Hogarth | |
| The Court of Session holds there's no need for it to force the PM to comply with the Benn Act and seek an extension, given that his lawyers said he would. But it also fires a warning shot: the PM had better not renege and destroy "core principles of constitutional propriety". pic.twitter.com/c1ISLS0WdB | |
| From my colleague Severin Carrell | |
| Lord Pentland @JudgesScotland says the court has to trust @BorisJohnson and @GOVUK law officers are telling the truth: he will obey #BennAct #courtofsession pic.twitter.com/qhpHlddKsi | |
| From David Anderson, the QC, crossbench peer and former independent reviewer of terror legislation | |
| Key para of the Scottish judgment is here: there can be no doubt that PM accepts he must comply with Benn Act, and that he will not frustrate its purpose. https://t.co/CWdChBPGgd pic.twitter.com/3deOtPy1zV | |
| From the FT’s legal commentator David Allen Green | |
| Paragraph 43 looks like the important oneThe government's assurances are legally sufficient, so *no* order neededLooks like government has now boxed itself into making the application under the Benn Act in the event of No DealCase did well to get those promises, so bravo pic.twitter.com/KWmFqVO5xN | |
| If the government now breaks the law, it also will be breaching these "clear and unequivocal" averments to the courtNot a Scots lawyer, but that looks like enough for an order to be made later this month, if need be | |
| So, in essenceAs per my analysis a few days ago, No 10 headed off prospect of a court order by making express statements to the courtThat could not have been done lightly or without full legal adviceNo 10 Ten knew what it was committing to, even if it pretended otherwise | |
| Here is a link to the full text of the Scottish court’s judgment. | Here is a link to the full text of the Scottish court’s judgment. |
| The Opinion of Lord Pentland in the petition of DALE VINCE, JOLYON MAUGHAM QC and JOANNA CHERRY QC MPis now available and can be read in full via this link: https://t.co/8HP6LwSaIp | The Opinion of Lord Pentland in the petition of DALE VINCE, JOLYON MAUGHAM QC and JOANNA CHERRY QC MPis now available and can be read in full via this link: https://t.co/8HP6LwSaIp |
| 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. | 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. |
| In short, we've lost. THREAD | In short, we've lost. THREAD |
| The Judge has decided that because the Government accepts that it will send the letter and not frustrate the purpose of the Act, it is "neither necessary nor appropriate" to make orders. pic.twitter.com/cTArzEkocC | The Judge has decided that because the Government accepts that it will send the letter and not frustrate the purpose of the Act, it is "neither necessary nor appropriate" to make orders. pic.twitter.com/cTArzEkocC |
| The Judge adds that the Government's position is underpinned by the fact that the Advocate General for Scotland (the PM's 'man in London' if you like) is an officer of the court. pic.twitter.com/hfgFJ2E2hw | The Judge adds that the Government's position is underpinned by the fact that the Advocate General for Scotland (the PM's 'man in London' if you like) is an officer of the court. pic.twitter.com/hfgFJ2E2hw |
| The true heart of the Court's reasoning can be seen in this passage. The true question raised by this case (see next tweet) is whether the Government is committed to this "core principle". pic.twitter.com/k7jYHlpwqz | The true heart of the Court's reasoning can be seen in this passage. The true question raised by this case (see next tweet) is whether the Government is committed to this "core principle". pic.twitter.com/k7jYHlpwqz |
| I expressed this dilemma here (on Friday). I would rather live in the world the Court believes continues to exist. But I doubt we do. https://t.co/PVgXpPjlkl | I expressed this dilemma here (on Friday). I would rather live in the world the Court believes continues to exist. But I doubt we do. https://t.co/PVgXpPjlkl |
| As we have extracted promises from the Govt, the question whether this loss matters depends on whether you think I am right or the Court is right. But, on any view, there are now risks of an unlawful Brexit that would not, had the decision gone the other way, have existed. | As we have extracted promises from the Govt, the question whether this loss matters depends on whether you think I am right or the Court is right. But, on any view, there are now risks of an unlawful Brexit that would not, had the decision gone the other way, have existed. |
| I expect the Inner House of the Court of Session tomorrow to hear our appeal. /ENDS | I expect the Inner House of the Court of Session tomorrow to hear our appeal. /ENDS |
| Here is James Cleverly, the Conservative party chairman’s, take on the Brexit crisis. | Here is James Cleverly, the Conservative party chairman’s, take on the Brexit crisis. |
| Why “more time” doesn’t actually help “get a deal”. We want a new deal, will leave with no deal if we have to, but no more delays. #GetBrexitDone. pic.twitter.com/mgXWGNixpH | Why “more time” doesn’t actually help “get a deal”. We want a new deal, will leave with no deal if we have to, but no more delays. #GetBrexitDone. pic.twitter.com/mgXWGNixpH |
| There are five urgent questions in the Commons today. | There are five urgent questions in the Commons today. |
| 5 UQs TODAY from 3:30pm1. @Keir_Starmer to ask @SteveBarclay to make a statement on when the Government intend to publish the full legal text of their proposed changes to the Withdrawal Agreement and Political Declaration. | 5 UQs TODAY from 3:30pm1. @Keir_Starmer to ask @SteveBarclay to make a statement on when the Government intend to publish the full legal text of their proposed changes to the Withdrawal Agreement and Political Declaration. |
| 2. @ChrisLeslieMP to ask @trussliz to make a statement on the publication of the UK’s Schedule of Tariffs in the event of a no-deal Brexit.3. @DavidMundellDCT to ask @trussliz on US intention to impose tariffs of 25% on Single Malt Scotch Whisky and other UK products on 18 Oct | 2. @ChrisLeslieMP to ask @trussliz to make a statement on the publication of the UK’s Schedule of Tariffs in the event of a no-deal Brexit.3. @DavidMundellDCT to ask @trussliz on US intention to impose tariffs of 25% on Single Malt Scotch Whisky and other UK products on 18 Oct |
| 4. @DavidDavisMP to ask @patel4witham on Henriques’ report into Met’s Operation Midland5. @TulipSiddiq to ask @DominicRaab to make a statement on the case of Nazanin Zaghari-Ratcliffe, following release of one British-Australian national who was also imprisoned at Evin Prison | 4. @DavidDavisMP to ask @patel4witham on Henriques’ report into Met’s Operation Midland5. @TulipSiddiq to ask @DominicRaab to make a statement on the case of Nazanin Zaghari-Ratcliffe, following release of one British-Australian national who was also imprisoned at Evin Prison |
| 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: | 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 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. | 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. | 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. | 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. | 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. |
| 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: | 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. | 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. | Here is the full story. |
| Court rejects latest request to force PM to ask for Brexit extension | Court rejects latest request to force PM to ask for Brexit extension |
| 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: | 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. | 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. | The court of sessions judgement on Brexit will be out at 12.45pm, the lawyer Jolyon Maugham says. |
| Right. Have been sitting here wondering whether I dare 'go see a man about a dog'. Court has rescued me from my dilemma by saying the decision will be published at 12.45. | Right. Have been sitting here wondering whether I dare 'go see a man about a dog'. Court has rescued me from my dilemma by saying the decision will be published at 12.45. |
| 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: | 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. | 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. | 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, has said that Johnson is only just now realising what a “big mess” Brexit is and that Emmanuel Macron, the French president, is saying a deal would have to be agreed by Friday. Johnson replied: | It was then put to Johnson that his Finnish opposite number, Antti Rinne, has said that Johnson is only just now realising what a “big mess” Brexit is and that Emmanuel Macron, the French president, is 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 ... | 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. | 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’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. | 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. |