Court rules PM’S decision to suspend House is ‘unlawful’
The government has immediately appealed against the ruling by a court, with the case set to be heard next Tuesday, and parliament will stay shut in the meantime
British Prime Minister Boris Johnson suffered a fresh blow on Wednesday when a Scotish court ruled that his controversial decision to suspend parliament in the run-up to Brexit was unlawful.
The government immediately appealed, with the case set to be heard in the Supreme Court next Tuesday, and parliament will stay shut in the meantime.
Johnson says the decision to suspend - or prorogue - parliament until Oct.14 is a routine move allowing his government to launch a new legislative agenda.
Critics accuse him of trying to silence opposition to his plan to leave the European Union on Oct.31 even if he has not agree exit terms with Brussels.
Johnson argues that while he is working to get a deal, Britain must leave the bloc regardless - but MPS fear a disorderly divorce would be hugely disruptive.
Before it was suspended on Tuesday, the House of Commons rushed through legislation to force Johnson to delay Brexit if there is no deal by an EU summit on Oct.17.
Ater Wednesday’s legal ruling, the opposition Labour party demanded that Johnson allow MPS to return.
“I urge the prime minister to immediately recall parliament so we can debate this judgement and decide what happens next,” said Brexit spokesman Keir Starmer.
However, a government source told reporters that “nothing is changing” until the case was concluded.
A cross-party group of MPS protested outside the parliament building on Wednesday, saying they were ready to take back their seats.
The Scotish court challenge was brought by 78 British lawmakers, who said it was unlawful for Johnson to advise Queen Elizabeth II to prorogue parliament if the aim was to limit consideration of Brexit.
A lower court last week ruled that the advice on prorogation was a mater of political judgement and not for judges to decide - but this was overruled by the Inner House, Scotland’s supreme civil court.
In a summary judgement released on Wednesday, the court added that Johnson’s advice “was motivated by the improper purpose of stymying parliament and that it, and what has followed from it, is unlawful”. A spokesman for Johnson’s government said it was “disappointed” by the decision and would appeal to the Supreme Court.
“The UK government needs to bring forward a strong domestic legislative agenda. Proroguing parliament is the legal and necessary way of delivering this,” he said.
He noted a separate legal challenge to prorogation brought at the High Court in London last week had failed.
Johnson, a leading figure in the 2016 referendum campaign for Brexit, took office in July promising to finally take Britain out of the EU on Oct.31, no mater what.
But he has no majority in the Commons, and MPS will not let him leave without a deal - or allow him to call an early election that might bolster his position.
He says he is trying to renegotiate the divorce terms struck by his predecessor Theresa May, which MPS have repeatedly rejected, but EU leaders have so far refused. They accuse London of failing to come up with any new ideas on the thorniest problem - how to keep Britain’s land border with Ireland open ater Brexit.
Johnson’s European adviser, David Frost, was in Brussels on Wednesday amid speculation the premier is softening his opposition to the current frontier “backstop” plan.
This could keep Britain tied to EU rules for years ater Brexit in order to avoid any trade barriers.
Labour, which blocked an atempt to call an election in October, says it would back one ater Brexit is either delayed, or a deal has been done - pointing to a possible November poll.
The divisions in the opposition Labour Party over Brexit were on display on Wednesday, when its deputy leader, Tom Watson, said he supported pressing for a second referendum before an early national election. “So let’s deal with Brexit, in a referendum, where every person can have their say, and then come together and fight an election on Labour’s positive social agenda on our own terms, not on Boris Johnson’s Brexit ‘do or die’,” he said in a speech in London.