The Scotsman

Judge to rule on legal bid to stop suspension of Westminste­r

- By GINA DAVIDSON

A legal bid seeking to prevent Prime Minister Boris Johnson from suspending Parliament will be decided today.

A cross-party group of 75 politician­s, including Scottish MPS Joanna Cherry, Ian Murray and Jo Swinson, support the action which began at the Court of Session in Edinburgh yesterday. They are seeking an interim interdict to stop the Prime Minister implementi­ng the Westminste­r shutdown.

The group had started legal action earlier in the summer filing a petition aiming to stop Mr Johnson being able to prorogue Parliament. It is still due to be heard next Friday, but was overtaken by events when on Wednesday the Queen approved Mr Johnson’s request to suspend the House of Commons.

Mr Johnson’s action, which would see the Commons close for five weeks from September 10 has been branded by opposition MPS as a “constituti­onal outrage” and a “dark day for democracy”.

Anti-brexit campaigner Gina Miller has also made an urgent applicatio­n for a judicial review of the prorogatio­n at the High Court in London while at Belfast High Court, campaigner Raymond Mccord also launched a legal bid to issue an injunction.

Yesterday Aidan O’neill QC, representi­ng the petitioner­s at the Court of Session, said the prorogatio­n was “unpreceden­ted” and the petitioner­s are invoking the court’s “constituti­onal jurisdicti­on.”

He said: “Prorogatio­n is being used to create something which is irreversib­le, that the UK will be made to leave the EU deal or no deal, do or die, and Parliament is being prevented by abuse of the power of prorogatio­n from doing anything about it. There are no precedents for the abuse of prorogatio­n.

“The power of prorogatio­n is not one which is unlimited or unfettered but has to be used in accordance with public trust.”

Arguing for the UK government, Roddy Dunlop QC said the issue was an exercise the Queen alone could enter into, “was not a matter for the courts”.

Lord Doherty is due to rule today.

 ??  ?? 0 Lord Doherty is due to rule today at the Court of Session
0 Lord Doherty is due to rule today at the Court of Session

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