According to lawyer Aidan O'Neill of the EU-minded Scots who want to force Johnson to continue the negotiations on Brexit, this statement is "a proof of the impact, the misunderstanding and misinterpretation of the law by the government".
The Benn Act prevents the prime minister taking the United Kingdom out of the European Union without a deal unless he has the consent of Parliament.
"If it's not possible, Ireland has always said we would prefer an extension to no deal, but that's the Irish position".
Andrew Webster, the barrister representing the British government, said there is no need for a court order to be made forcing a letter requesting an extension because the court has it on record it will be sent.
The government document quoted in Scotland's Court of Session indicated Johnson intends to comply with a law Parliament passed this month that requires the prime minister to ask the European Union for a postponement if no deal is in place by October 19.
He added: 'That's the best thing that could possibly happen.
"There is a risk that we get an agent provocateur... which the government uses as a pretext to obtaining emergency powers", added the elderly politician, who once described Leave voters as "Brexit jihadis".
Embattled British Prime Minister Boris Johnson on Thursday announced a new proposal for governing the border between Ireland and Northern Ireland following the potential withdrawal of Great Britain from the EU. While Johnson said he respected last week's Supreme Court decision, he also said the judges were wrong.
Pincher called the new proposal "a good, fair and reasonable compromise" that presents a "broad landing zone" for talks that would enable the U.K.to leave the bloc in an "orderly and friendly way".
Earlier on Friday, he posted a message on social media saying there would be "no delay" to the UK's exit beyond the 31 October deadline.
Speaking Friday in Copenhagen at a joint press conference with Danish Prime Minister Mette Frederiksen, Varadkar said that Johnson's alternative to a backstop could not be supported as it "appears to create two borders"-one in the Republic's territory-with the North".
A spokesman for the PM said his chief negotiator David Frost was now locked in "technical level" talks in Brussels to determine whether a deal could be struck in the coming days.
He said Mr Johnson has also promised the court he "will not frustrate the Benn Act", ruling out speculation that he would send two letters to the European Union, one asking for an extension followed by a second asking it not to take the request seriously.
Varadkar questioned Johnson's pledge that there would not be "any new physical infrastructure on the island of Ireland linked to customs or customs checks".
The undertaking came after Johnson had repeatedly refused to confirm that he would abide by the legislation seeking to prevent a no-deal Brexit.
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