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| Brexit: Johnson urged to win over ERG by confirming no deal still possible – live news | |
| (32 minutes later) | |
| Emmanuel Macron, the French president, has said he does not want to grant another Brexit extension. Speaking at a press conference at the end of the EU summit, he said: | |
| So that we can turn to the future I believe that we shall stick to the deadline of October 31. | |
| That being said, I’m not trying to read the future but I do not think we shall grant any further delay. | |
| Like I said, there shall be no delay unless there are some major changes. | |
| Under the Benn Act, Boris Johnson will have to request a Brexit extension if his deal is not agreed by parliament tomorrow. For an extension to be granted, all EU states would have to approve, which means that Macron would have a veto. Any suggestion that he might not allow an extension is helpful to Johnson, because he wants MPs to think tomorrow that they face a choice between his deal and no deal. | |
| The intervention by Jean-Claude Juncker, the European commission president, at the summit yesterday, when he also said there should be no extension, was also interpreted as an attempt to help Johnson get his deal through the Commons. | |
| In practice, although most of the EU27 are fed up of Brexit and want it over, it is assumed that, faced with a no-deal Brexit as an alternative, in practice they would grant a request for an extension from the UK. | |
| The court of session has finished hearing submissions on the latest legal challenge by anti-Brexit campaigner Jolyon Maugham QC, and Lord Pentland has said that he will give his decision by the end of the day. | |
| Scotland’s highest court heard that Boris Johnson’s new withdrawal agreement to leave the European Union involves a “clear and unequivocal breach” of national law. | |
| The basis of the challenge is that the newly agreed deal with the EU contravenes legislation – originally amended by hardline Brexiters to stymie the backstop arrangement – that prevents Northern Ireland forming part of a separate customs territory. | |
| Sitting before Pentland, the court of session in Edinburgh heard from Aidan O’Neill QC that the provisions of the new withdrawal agreement make it plain that Northern Ireland would also form part of a separate customs territory, that of the European Union, and that this breaches section 55 of the Taxation (Cross-border Trade) Act 2018, which states that it is “unlawful for Her Majesty’s government to enter into arrangements under which Northern Ireland forms part of a separate customs territory to Great Britain”. | |
| Noting that section 55 – the result of an amendment sponsored by the hardline European Research Group - “intended to tie the government’s hands”, O’Neill added that whether Northern Ireland forms part of a separate customs territory after Brexit “is a question of objective law” and that it “can’t be plainer” that the UK government has acted unlawfully. | |
| But Gerry Moynihan QC for the UK government argued that the petition was beyond the competency of the court, saying it was inviting the court to “inhibit” consideration of the agreement. “This is a manifest attempt to interfere with proceedings in parliament,” he told Pentland. He added that a substantial part of Northern Ireland’s trade would remain part of the UK’s customs territory and therefore section 55 would be complied with. | |
| Moynihan also presented a letter from the Speaker’s counsel which warned that Maugham’s petition was asking for action that would “inevitably involve interference on proceedings in parliament and as a breach of the separation of powers”. | |
| The hearing, which concluded just before 1pm, involved testy exchanges between Pentland and O’Neill, as the judge attempted to clarify whether the court was in effect being asked to prevent parliament debating the deal on Saturday. | |
| O’Neill said that he was asking the court to clarify the law for parliament, and that it would be parliament’s decision whether to then repeal section 55 in order to retrospectively validate the agreement. | |
| Another “Spartan”, the former Brexit minister Suella Braverman, has announced that she will be voting for Boris Johnson’s deal. | Another “Spartan”, the former Brexit minister Suella Braverman, has announced that she will be voting for Boris Johnson’s deal. |
| Just over a year ago I resigned from Government over the terms of the deal. I voted against it 3 times. Tomorrow I will vote to support the new deal secured by @BorisJohnson. This is about more than Brexit. It’s about integrity & democracy. Let’s get Brexit done & restore trust | Just over a year ago I resigned from Government over the terms of the deal. I voted against it 3 times. Tomorrow I will vote to support the new deal secured by @BorisJohnson. This is about more than Brexit. It’s about integrity & democracy. Let’s get Brexit done & restore trust |
| The Tory Brexiter John Baron told the BBC this morning that ministers such as Dominic Raab, the foreign secretary, and Michael Gove, the Cabinet Office minister, have told him that, if the trade talks with the EU do not produce a deal by the end of next year, the UK would leave the transition and trade with the EU on no-deal (ie, WTO) terms. | The Tory Brexiter John Baron told the BBC this morning that ministers such as Dominic Raab, the foreign secretary, and Michael Gove, the Cabinet Office minister, have told him that, if the trade talks with the EU do not produce a deal by the end of next year, the UK would leave the transition and trade with the EU on no-deal (ie, WTO) terms. |
| He also said a similar assurance in public from Boris Johnson would help to persuade hardline Brexiters (ie, the core of the European Research Group) to back the deal. He said: | He also said a similar assurance in public from Boris Johnson would help to persuade hardline Brexiters (ie, the core of the European Research Group) to back the deal. He said: |
| All I can share with you is this: I am doing my best to persuade colleagues, the so-called Spartans who like me voted three times against Theresa May’s deal, to look at this in a favourable light. Because provided we can get that clear assurance, and I have been given it so far by people like Michael Gove and Dominic Raab, and I’m hoping to get it from the prime minister tomorrow, that we will be leaving after the trade talks, if those trade talks fail up to December 2020, on no-deal terms - as long as we can get that assurance, and I think we have done, then we’ll be supporting the deal tomorrow. | All I can share with you is this: I am doing my best to persuade colleagues, the so-called Spartans who like me voted three times against Theresa May’s deal, to look at this in a favourable light. Because provided we can get that clear assurance, and I have been given it so far by people like Michael Gove and Dominic Raab, and I’m hoping to get it from the prime minister tomorrow, that we will be leaving after the trade talks, if those trade talks fail up to December 2020, on no-deal terms - as long as we can get that assurance, and I think we have done, then we’ll be supporting the deal tomorrow. |
| Under the government’s current plan the UK would leave the EU legally on 31 October but then remain in a transition until December 2020, during which most aspects of EU law would continue to apply. Ministers claim that they will be able to negotiate a new trade relationship with the EU before the end of next year, but the withdrawal agreement allows the transition to be extended for an extra year or two years and most trade experts think that in practice this will be necessary because there is very little chance of negotiating a trade deal within 14 months. In an interview with the Irish Times last month Phil Hogan, the incoming European trade commissioner, said it would take him up to eight months to assemble a new trade negotiating team and then “a number of years” to conclude talks with the UK. | Under the government’s current plan the UK would leave the EU legally on 31 October but then remain in a transition until December 2020, during which most aspects of EU law would continue to apply. Ministers claim that they will be able to negotiate a new trade relationship with the EU before the end of next year, but the withdrawal agreement allows the transition to be extended for an extra year or two years and most trade experts think that in practice this will be necessary because there is very little chance of negotiating a trade deal within 14 months. In an interview with the Irish Times last month Phil Hogan, the incoming European trade commissioner, said it would take him up to eight months to assemble a new trade negotiating team and then “a number of years” to conclude talks with the UK. |
| But the People’s Vote campaign says Baron’s comment show that the government is not sincere about wanting a trade deal and that is is preparing for a no-deal Brexit at the end of next year. | But the People’s Vote campaign says Baron’s comment show that the government is not sincere about wanting a trade deal and that is is preparing for a no-deal Brexit at the end of next year. |
| BREAKING: John Baron reveals the NO DEAL promise from Michael Gove & Dominic Raab that is making #Brexit extremists vote for this fake deal. They have no intention of signing up to a free trade deal before 2020. They want the UK to crash out out with No Deal. Please RT: | BREAKING: John Baron reveals the NO DEAL promise from Michael Gove & Dominic Raab that is making #Brexit extremists vote for this fake deal. They have no intention of signing up to a free trade deal before 2020. They want the UK to crash out out with No Deal. Please RT: |
| These are from BuzzFeed’s Alex Wickham. | These are from BuzzFeed’s Alex Wickham. |
| No10 fighting to nail down votes of the 21 former Tory rebelsHad previously been thought most would come overBut now fears these rebels could remain in the high single figureshttps://t.co/LXj8LW5nu4 | No10 fighting to nail down votes of the 21 former Tory rebelsHad previously been thought most would come overBut now fears these rebels could remain in the high single figureshttps://t.co/LXj8LW5nu4 |
| Tory whips balancing actSome Spartans not backing deal yet, asking for commitment to leave transition period on WTO terms if a FTA cannot be agreedPaterson a problemBut make that commitment and the former Tory rebels and Labour MPs will fall awayhttps://t.co/LXj8LW5nu4 | Tory whips balancing actSome Spartans not backing deal yet, asking for commitment to leave transition period on WTO terms if a FTA cannot be agreedPaterson a problemBut make that commitment and the former Tory rebels and Labour MPs will fall awayhttps://t.co/LXj8LW5nu4 |
| Some Spartans frustrated at Sammy Wilson / Ian Paisley Jnr / Nigel Dodds counter-whipping operation trying to get them to oppose the dealOne says Wilson in particular is being “annoying” and is hell-bent on no-dealhttps://t.co/LXj8LW5nu4 | Some Spartans frustrated at Sammy Wilson / Ian Paisley Jnr / Nigel Dodds counter-whipping operation trying to get them to oppose the dealOne says Wilson in particular is being “annoying” and is hell-bent on no-dealhttps://t.co/LXj8LW5nu4 |
| The Tory Brexiter John Baron told the BBC this morning that Boris Johnson’s deal could make a no-deal Brexit possible at the end of next year, when the transition ends. (See 11.02am.) The People’s Vote campaign claims this comment shows that no deal remains a Brexiter ambition. It has released this quote from the Tory MP Guto Bebb, a PV supporter. He said: | The Tory Brexiter John Baron told the BBC this morning that Boris Johnson’s deal could make a no-deal Brexit possible at the end of next year, when the transition ends. (See 11.02am.) The People’s Vote campaign claims this comment shows that no deal remains a Brexiter ambition. It has released this quote from the Tory MP Guto Bebb, a PV supporter. He said: |
| John Baron let the cat out of the bag. He admits that he and many of his fellow ideologues in the extremist Conservative faction of the ERG are supporting Boris Johnson’s Brexit proposals only because they see it as the fastest way to fulfil their no deal fantasies. | John Baron let the cat out of the bag. He admits that he and many of his fellow ideologues in the extremist Conservative faction of the ERG are supporting Boris Johnson’s Brexit proposals only because they see it as the fastest way to fulfil their no deal fantasies. |
| Liberty has lost a bid to have an urgent hearing of its case against Boris Johnson over the Brexit deadline, the Press Association reports. Lawyers for the civil rights organisation argued today that its legal challenge, brought to ensure Johnson “acts within the law”, should be heard immediately. But their application for an urgent hearing was rejected by court of appeal judges, who said there was no need for an expedited hearing. | Liberty has lost a bid to have an urgent hearing of its case against Boris Johnson over the Brexit deadline, the Press Association reports. Lawyers for the civil rights organisation argued today that its legal challenge, brought to ensure Johnson “acts within the law”, should be heard immediately. But their application for an urgent hearing was rejected by court of appeal judges, who said there was no need for an expedited hearing. |
| Government lawyers said Liberty’s case does not need to proceed urgently, as there is “ample time” for it to be heard before the UK’s planned exit from the EU on October 31, the Press Association reports. | Government lawyers said Liberty’s case does not need to proceed urgently, as there is “ample time” for it to be heard before the UK’s planned exit from the EU on October 31, the Press Association reports. |
| Mark Francois, the deputy chair of the European Research Group, which represents hardline Tory Brexiters, and one of the 28 “Spartans” who voted against Theresa May’s deal on all three occasions, has gone into No 10 for a meeting with the PM. On his way in he said: | Mark Francois, the deputy chair of the European Research Group, which represents hardline Tory Brexiters, and one of the 28 “Spartans” who voted against Theresa May’s deal on all three occasions, has gone into No 10 for a meeting with the PM. On his way in he said: |
| I still have some concerns about some of the specifics of the deal. So I’m going to go in now and discuss them personally with the prime minister. He very kindly granted me a meeting. And I’ll decided what to do when I’ve had a chance to put some questions to the prime minister. | I still have some concerns about some of the specifics of the deal. So I’m going to go in now and discuss them personally with the prime minister. He very kindly granted me a meeting. And I’ll decided what to do when I’ve had a chance to put some questions to the prime minister. |
| From YouGov | From YouGov |
| BREAKING: Snap YouGov poll finds that by 41% to 24%, Britons want Parliament to pass Boris Johnson's Brexit deal. Two thirds (67%) of Leave voters want the deal passed https://t.co/2FZCSNZmE2 pic.twitter.com/PhQ4skIuFE | BREAKING: Snap YouGov poll finds that by 41% to 24%, Britons want Parliament to pass Boris Johnson's Brexit deal. Two thirds (67%) of Leave voters want the deal passed https://t.co/2FZCSNZmE2 pic.twitter.com/PhQ4skIuFE |
| From Sky’s Rob Powell | From Sky’s Rob Powell |
| NEW: Brexiteer Mark Francois - who voted against May's deal three times - heads into Downing Street to meet Boris Johnson. He says he "still has concerns about some of the specifics of the deal" and will decide what to do after meeting the PM. | NEW: Brexiteer Mark Francois - who voted against May's deal three times - heads into Downing Street to meet Boris Johnson. He says he "still has concerns about some of the specifics of the deal" and will decide what to do after meeting the PM. |
| The DUP MP Sammy Wilson is urging Tory MPs to join the DUP in rejecting Boris Johnson’s deal. | The DUP MP Sammy Wilson is urging Tory MPs to join the DUP in rejecting Boris Johnson’s deal. |
| Conservative & Unionist MPs must take a stand for the Union and join us in rejecting this deal. Internal & burdensome trade barriers will be erected within the UK without parallel consent from both unionists & nationalists. This is not Brexit. | Conservative & Unionist MPs must take a stand for the Union and join us in rejecting this deal. Internal & burdensome trade barriers will be erected within the UK without parallel consent from both unionists & nationalists. This is not Brexit. |
| Ian Blackford, the SNP leader at Westminster, told the BBC this morning that, if Boris Johnson wins the vote tomorrow, the opposition parties should unite to bring down his government with a no confidence vote. Blackford said: | Ian Blackford, the SNP leader at Westminster, told the BBC this morning that, if Boris Johnson wins the vote tomorrow, the opposition parties should unite to bring down his government with a no confidence vote. Blackford said: |
| If it does go through [the deal], we will be saying to the opposition parties that we have to come together. We have to remove Boris Johnson’s government from office and we have to move to an early general election. | If it does go through [the deal], we will be saying to the opposition parties that we have to come together. We have to remove Boris Johnson’s government from office and we have to move to an early general election. |
| This is a deal that if it does get support in the House of Commons, is going to be devastating for our communities, devastating for jobs. | This is a deal that if it does get support in the House of Commons, is going to be devastating for our communities, devastating for jobs. |
| Richard Benyon, one of the 21 Tories who lost the whip after rebelling over Brexit last month, has confirmed that he will vote for the government tomorrow. | Richard Benyon, one of the 21 Tories who lost the whip after rebelling over Brexit last month, has confirmed that he will vote for the government tomorrow. |
| I will be supporting the deal tomorrow | I will be supporting the deal tomorrow |
| Many of the 21 will be voting with the government. They rebelled because they wanted parliament to rule out a no-deal Brexit, but many of them are willing to see the UK leave the EU as long as a deal is in place. | Many of the 21 will be voting with the government. They rebelled because they wanted parliament to rule out a no-deal Brexit, but many of them are willing to see the UK leave the EU as long as a deal is in place. |