Parliament’s suspension looked at in mid-August

Prime minister said it should not be ‘shocking’ to consider move, documents show

The UK Government appears to have been considering suspending parliament as early as mid-August, documents submitted to a Scottish court suggest.

The details emerged as a legal action aimed at halting the suspension of parliament got under way at the Court of Session – Scotland’s highest civil court.

A note dated August 15 from Nickki da Costa, a former director of legislative affairs at Number 10 and seen by Prime Minister Boris Johnson and his adviser Dominic Cummings, asked whether an approach should be made to prorogue parliament.

The dates suggested were between September 9 and October 14.

A note of “yes” was written on the document, the Court of Session in Edinburgh heard, although the author of the annotation was not disclosed in court.

The case has been brought by a crossparty group of 75 MPs and peers.

Aiden O’Neill QC, representing the parliamentarians, said: “One presumes this was a document sent in the red box to the prime minister to be read at his leisure.”

Mr Johnson replied the following day with a handwritten note describing the September session of parliament as a “rigmarole” designed to show MPs were “earning their crust”.

He added it should not be “shocking” to suspend parliament.

The Queen met the Privy Council on August 28 to approve the move – with critics such as First Minister Nicola Sturgeon branding Mr Johnson a “tin pot dictator”.

It was argued decisions in two separate Brexit-related court cases, brought by activist Gina Miller and MSP Andy Wightman, show parliament should decide whether or not the UK leaves without a deal.

Mr O’Neill said it was not lawful to create circumstances where that happens without such approval.

David Johnston QC, representing the government, said the arguments were “academic” as it was not for the courts to decide if parliament can be prorogued.

Judge Lord Doherty said he hoped to announce his decision today.

Judge Lord Doherty hears the Brexit case in the Court of Session in Edinburgh as a group of MPs fights to stop parliament being suspended.