Boris Johnson news - live: PM ‘could refuse to recall parliament’ even if Supreme Court rules it unlawful, as government admits it cannot meet Brexit ultimatum

Follow all the latest developments as they happened

Government QC says parliament might not be recalled even if prorogation ruled unlawful

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.

See below for live updates

Key Points

• John Major compares PM to dishonest estate agent in court submission
• EU gives Johnson 12 days to show Brexit plan or 'it's over'
• Stephen Barclay says UK 'cannot meet' EU demands
• Parliament may remain suspended even if Johnson loses
• Hilary Benn claims PM will 'find himself in court' if Brexit deadline not pushed back
• Irish premier 'will try to get Brexit deal' during PM meeting in New York
• PM 'could refuse to recall parliament even if Supreme Court rules suspension unlawful'
• Corbyn admits prospect of becoming PM is 'daunting'

[19 September 2019 11:40 · Adam Forrest]

A government spokesperson said: “We have been having detailed discussions with the Commission’s Taskforce 50 in recent weeks.

“We have now shared in written form a series of confidential technical non-papers which reflect the ideas the UK has been putting forward.”

Responding to the deadline agreed by the Finnish prime minister Antti Rinni and French president Emmanuel Macron – submit by the end of September or “it’s over” – the No 10 spokesperson said:

“We will table formal written solutions when we are ready, not according to an artificial deadline, and when the EU is clear that it will engage constructively on them as a replacement for the backstop.”

[19 September 2019 11:44 · Adam Forrest]

Ronan Lavery QC has been told off by Supreme Court judges for failing to stick to the matter at hand – the prorogation of parliament.

Lord Wilson told him: “Don’t abuse our politeness and don’t abuse Lady Hale’s patience.”

[19 September 2019 11:49 · Adam Forrest]

The European Commission has now confirmed it has received “technical documents” from the UK government on its Brexit proposals.

A spokeswoman said: “With regards to written proposals, I can confirm that we have received documents from the UK and, on this basis, we will have technical discussions today and tomorrow on some aspects of customs, manufactured goods and sanitary and phytosanitary rules.

“Then the discussion will also take place at political level because Michel Barnier, the commission’s chief negotiator, will meet Steve Barclay on Friday.”

[19 September 2019 12:05 · Adam Forrest]

Mike Fordham QC, the Welsh government’s chief legal adviser, is now speaking in the Supreme Court.

His submission states submits that the prime minister’s actions “have consciously and purposely impeded the constitutional principle of parliamentary sovereignty”.

Mike Forham QC (UK Supreme Court) 

[19 September 2019 12:12 · Adam Forrest]

Brexit secretary Stephen Barclay has said the EU has set Britain a test it “cannot meet” with its demands for a backstop replacement.

And remarkably, Barclay has suggested the UK should be given another year to find a new policy for the Irish border.

Our Europe correspondent Jon Stone has the details of this breaking story.

[19 September 2019 12:15 · Benjamin Kentish]

Lord Garnier is now speaking in the Supreme Court on behalf of former prime minister Sir John Major. 

He says Sir John's evidence shows that the documents submitted by the government "can't be the true and complete reasons for the decision" to suspend Parliament. 

He moves on to addressing the differences between dissolving Parliament in the run-up to an election, as Sir John did in 1997 for longer than was necessary, and proroguing it during the middle of a parliamentary session.

He says:

"Dissolution overrides Parliament in favour of the electorate and prorogation overrides Parliament in favour of the executive. "

[19 September 2019 12:18 · Benjamin Kentish]

Lord Garnier is arguing that there are overriding principles that govern the way that any executive power can and should be used. He says one of these is parliamentary sovereignty.

He says the government's suggestion that parliamentary sovereignty means only that parliament can make and unmake its own laws is "unduly narrow". Parliament cannot make or unmake laws if it isn't allowed to sit, he says, adding that Parliament's powers are not limited to passing legislation but also include holding the government to account. 

[19 September 2019 12:26 · Benjamin Kentish]

Lord Garnier is making a similar point to one that Aidan O'Neill made yesterday - namely that the government's argument that it is for the Parliament itself, not the courts, to intervene to stop it being suspended does not make sense if Parliament is prorogued.

He says there can be "no political control over the decision to prorogue if the body that would exercise that control has been prevented from acting".

[19 September 2019 12:32 · Ashley Cowburn]

Labour's governing body has set up a working group to consider "modern" revisions to the totemic clause IV in its rulebook, including enshrining commitments to equalities.

The section in the Labour constitution setting out the party's aims and values was famously modified by Tony Blair in 1995 before his first general election victory.  

It was widely viewed as a historic moment for the party and a departure from a commitment to nationalisation and a left-wing economic agenda.

[19 September 2019 12:32 · Benjamin Kentish]

Lord Garnier says the government has put forward "no evidence" to rebut the claim that Boris Johnson suspended Parliament to stop MPs interfering with his Brexit plan.

In this case, he says:

"It would be very difficult not to infer that any evidence that could be given would be highly adverse to the prime minister's case."

He says this is especially the case "when there is recent evidence of the Downing Street press office having been misleading in its announcements", citing a spokesperson having previously claimed that reports Johnson was planning to close parliament to stop MPs debating Brexit were "entirely false".

And with that the court adjourns until 2pm.