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 09:31 · Adam Forrest]

John Humphrys has hosted his final edition of BBC Radio 4’s Today programme after 32 years on the show – and was compared to a religious prophet before he left.

Roisin O’Connor was listening in.

[19 September 2019 09:46 · Adam Forrest]

Tories seem to love gossiping about the Queen, don’t they?

Jacob Rees-Mogg has insisted the Queen was “in no way misled” over the decision to suspend parliament - and revealed he travelled with Her Majesty’s hairdresser from the airport to Balmoral before seeking approval to prorogue.

He told a Telegraph event: “There was no plot, there was a prorogation. We don’t plot, governments make decisions.

“We went up with British Airways, the three relevant ministers - me, the leader of the House of Lords and the government chief whip.

“And we had a fantastic journey from Aberdeen airport to Balmoral because we travelled with the Queen’s hairdresser - I hope it’s not too indiscreet to tell you that, who was absolutely charming and full of fascinating stories, which I can’t tell you.”

Rees-Mogg was asked if he worried he was a proxy for misleading the Queen over prorogation.  He replied: “Oh what nonsense, no, absolute nonsense.”

He labelled Nigel Farage a “very distinguished political figure” a “significant British statesman” but would not be drawn on whether he should receive a knighthood or a peerage.

Rees-Mogg was also asked if there was a way back for the 21 MPs who lost the Tory whip earlier this month. He replied: “I think that it is human to err, it is divine to forgive and the prime minister is very close to being divine I think.”

He also expressed regret at his decision to recline on the front bench while listening to a key Brexit debate. Rees-Mogg said he was “simply sitting comfortably”, adding: “I do accept it was a mistake.”

[19 September 2019 09:55 · Adam Forrest]

Brexit secretary Stephen Barclay said “we stand ready to share relevant texts”, but Brussels needs to show more flexibility in its approach to negotiations.

Speaking to business leaders in Spain, Barclay said: “A rigid approach now at this point is no way to progress a deal and the responsibility sits with both sides to find a solution.

“We are committed to carving out a landing zone and we stand ready to share relevant texts. But it must be in the spirit of negotiation with flexibility and with a negotiating partner that itself is willing to compromise.”

Barclay will meet the EU’s chief Brexit negotiator Michel Barnier on Friday.

[19 September 2019 10:04 · Adam Forrest]

So. The third and final day of the historic hearing at the Supreme Court will soon begin.

Judges will hear submissions on behalf of Sir John Major, the Welsh and Scottish governments and Northern Irish campaigner Raymond McCord – all arguing against the Boris Johnson’s suspension of parliament.

Our correspondent Benjamin Kentish will be reporting here, live from the court.

Documents wheeled into Supreme Court on Thursday morning (PA) 

[19 September 2019 10:25 · Adam Forrest]

David Cameron has been talking about the Queen again this morning – justifying his decision to discuss with palace officials whether Her Majesty might “raise an eyebrow” during the 2014 Scottish independence referendum.

“I never asked for anything improper,” he said. “I don’t want to say anything more about this, I’m sure some people would think, possibly even me, that I’ve already said a bit too much.”

Lizzy Buchan has the full story.

[19 September 2019 10:44 · Adam Forrest]

James Wolffe QC, Scotland’s Lord Advocate, has begun speaking in the Supreme Court on behalf on the Scottish government.

He has told the court in written submissions that Boris Johnson’s decision to suspend parliament will have “a profoundly intrusive effect” on the ability of parliament to scrutinise the executive.

Scotland's most senior law officer James Wolffe (UK Supreme Court) 

[19 September 2019 10:46 · Adam Forrest]

[19 September 2019 11:04 · Adam Forrest]

Ronan Lavery QC is now speaking on behalf of Northern Ireland victims’ campaigner Raymond McCord – and is addressing the court on the potential effects of the prorogation on the people of Northern Ireland.

His submission states: “Withdrawal from the EU in terms that are harmful and oppressive to the people of Northern Ireland ... undermines the principle of consent of the people of Northern Ireland by preferring the interests of English nationalism over the safety and welfare of the people of Northern Ireland.”

Ronan Lavery QC (UK Supreme Court) 

[19 September 2019 11:18 · Adam Forrest]

The UK government has provided the European Commission with a document outlining ideas to replace the backstop, according to a BuzzFeed News report.

After EU chiefs demanded Downing Street submit a written proposal by the end of September, three sources told the website the text given to the Commission sets out ways in which the backstop could be dropped.

But there are no details in what’s actually in the document, unfortunately.

[19 September 2019 11:32 · Adam Forrest]

The BBC is now reporting the government is claiming “technical documents” have been handed over to the EU. But they do not, apparently, amount to “formal written proposals”.

Assistant political editor Norman Smith says it’s like a “slow lifting of the veil” as British negotiators give EU counterparts a “sneak look at the sort of things they are thinking about” when it comes to replacing the backstop.