Hopes fade that Brexit breakthrough will come in time for summit

The Prime Minister is due to brief the Cabinet at 4pm today, and will address Tory MPs at a meeting of the 1922 Committee at around 7.30pm. Picture: PA

A legal text covering a new arrangement for the Irish border was set to be submitted in Brussels by the UK Government, but the Irish Prime Minister Leo Varadkar suggested it could take the rest of the month to hammer out the details of the deal.

DUP warns over more concessions with Boris Johnson closing in on a deal

That means Boris Johnson will not be able to avoid a legal requirement to request a delay to the 31 October Brexit deadline - something the Brexit Secretary Stephen Barclay told MPs on Tuesday morning the government “will comply” with.

The Prime Minister is due to brief the Cabinet at 2.30pm today, and will address Tory MPs at a meeting of the 1922 Committee at around 4.30pm.

As talks resumed in Brussels after a 1.30am finish, EU chief negotiator Michel Barnier said that “significant issues are remaining” before a new draft treaty can be prepared for signoff by European leaders.

And following a phone conversation with Mr Johnson this morning, Mr Varadkar said: “There is a pathway to a possible deal, but there are many issues that still need to be fully resolved, particularly around the consent mechanism and also some issues around customs and VAT.

“I spoke to the Prime Minister by phone this morning and I’ve been in touch with the Commission. I do think we were making progress but there are issues to be resolved, and hopefully that can be done today, allowing us to ratify the agreement tomorrow and the House of Commons to do it on Saturday.

“If not, there is still more time. The 31st is still a few weeks away and there is the possibility of an additional summit before that if we need one.”

If a deal isn’t agreed by EU leaders at tomorrow’s summit, Mr Johnson will be required by the Benn Act to request a delay to Brexit - something the government has previously said it would not do.

But giving evidence to the Commons Exiting the European Union committee, Mr Barclay told MPs: "I can confirm, as the Prime Minister has repeatedly set out, that firstly the government will comply with the law, and secondly it will comply with undertakings given to the court in respect of the law."