News

Supreme Court rules parliament suspension was unlawful

Boris Johnson&nbsp;addressed the Climate Action Summit in the United Nations General Assembly at the UN<br />headquarters on September 23 2019&nbsp;
Boris Johnson addressed the Climate Action Summit in the United Nations General Assembly at the UN
headquarters on September 23 2019 
Boris Johnson addressed the Climate Action Summit in the United Nations General Assembly at the UN
headquarters on September 23 2019 

THE Supreme Court has ruled that British Prime Minister Boris Johnson's five-week suspension of parliament was unlawful.

A panel of 11 justices at the Supreme Court in London gave their decision this morning in a ruling on the legality of the prime minister's advice to the Queen to prorogue Parliament until October 14.

The judges, led by the court's president Lady Hale, heard appeals over three days arising out of legal challenges in England and Scotland - which produced different outcomes.

The panel held unanimously that Mr Johnson's advice to the Queen was unlawful because it had the effect of frustrating Parliament.

The court also found the prorogation and was also "void and of no effect" - meaning Parliament has not been suspended.

Announcing the result, Lady Hale said: "The court is bound to conclude, therefore, that the decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification."

Lady Hale said the prorogation was "void and of no effect", adding: "Parliament has not been prorogued."

Lady Hale said the case is a "one-off", having come about "in circumstances which have never arisen before and are unlikely to ever arise again".

Boris Johnson is in the United States. He could face demands to appear before MPs tomorrow after Commons Speaker John Bercow announced that the House would resume its business.

There will be no session of Prime Minister's Questions, but Mr Bercow said there would be scope for applications for emergency debates and calls for ministers to be summoned to the House.

Gina Miller, who led the legal challenge against the move to prorogue parliament, said outside the Supreme Court that it was a win for parliamentary sovereignty.

"Today's ruling confirms that we are a nation governed by the rule of law. Rules that everyone even the Prime Minister is not above."

Ms Miller said Parliament should open tomorrow.

Read more:

  • Read Lady Hale's statement in full
  • Sinn Féin, SDLP and Alliance call on Boris Johnson to resign, DUP says Supreme Court ruling 'has to be respected'

Ian Blackford, leader of the SNP in Westminster, has called on Boris Johnson to resign as prime minister.

"We must be back in Parliament immediately," said the Ross, Skye and Lochaber MP.

"We want to get back to work. On the back of this, Boris Johnson must resign."

Labour leader Jeremy Corbyn has said Mr Johnson should "consider his position" following the ruling.

London Mayor Sadiq Khan has said Boris Johnson "misled the British public, Parliament, the Queen and the Courts" about the reason he prorogued Parliament.

"The truth is that the prime minister wanted to silence our MPs and prevent them from debating and scrutinising his catastrophic plans for a no-deal Brexit," he said in a statement shared to Twitter.

"Parliament must now be immediately recalled so that MPs can get on with their job of holding this undemocratic and dishonest government to account."

The House of Commons said in a statement: "The House service's primary responsibility is to ensure the smooth running of parliamentary business.

"We are considering the implications of the Supreme Court's judgment for Parliament and will provide further information as soon as we can."

Mr Johnson was asked whether he was nervous about the Supreme Court judgment in an interview in New York, and replied: "It takes a lot to make me nervous these days.

"All I can tell you is that I have the highest regard for the judiciary in this country, I will look at the ruling with care."

He was questioned by reporters on the flight to New York over whether he would resign if the British government lost.

"I will wait and see what the justices decide, the Supreme Court decides, because as I've said before I believe that the reasons for ... wanting a Queen's speech were very good indeed," he said.

Read more: Read Lady Hale's statement in full

The prime minister advised the Queen on August 28 to prorogue Parliament for five weeks, and it was suspended on September 9 until October 14.

Mr Johnson says the five-week suspension is to allow the government to set out a new legislative agenda in a Queen's Speech when MPs return to Parliament.

But those who brought legal challenges argue the prorogation is designed to prevent parliamentary scrutiny of the UK's impending exit from the EU on October 31.

The Supreme Court heard appeals over three days arising out of separate legal challenges in England and Scotland, in which leading judges reached different conclusions.

At the High Court in London, Lord Chief Justice Lord Burnett and two other judges rejected campaigner and businesswoman Gina Miller's challenge, finding that the prorogation was "purely political" and not a matter for the courts.

But in Scotland, a cross-party group of MPs and peers led by SNP MP Joanna Cherry QC won a ruling from the Inner House of the Court of Session that Mr Johnson's prorogation decision was unlawful because it was "motivated by the improper purpose of stymieing Parliament".

Gina Miller had arrived at the Supreme Court this morning to cheers from the Best for Britain group.

Despite the pouring rain a number of protesters had gathered outside the Supreme Court.

A man holding a Union Jack umbrella, who gave his name only as Joel, called the Supreme Court case a "stalling" tactic for Brexit.

Anne Neville, holding a placard which said 'Don't Silence Our MPs', said she would be "disappointed" should Boris Johnson triumph.

The 74-year-old told the PA news agency: "If the Scottish can do it, why can't we? I think the Scots are much more sensible than we are on all sorts of issues."

Asked if she expected Mr Johnson to fly back from the UN summit in New York should his prorogation be ruled unlawful, Ms Neville said: "I would expect him to go to jail, actually.

"You go to jail if you steal a bottle of water. I think if you lie to the Queen and shut down the mother of Parliament illegally, you deserve it."

Read more:

  • Sinn Féin, SDLP and Alliance call on Boris Johnson to resign, DUP says Supreme Court ruling 'has to be respected'
  • Who is Lady Hale?