PM will abide by ruling of any court

QC for Boris Johnson says he will ‘comply’ as legal arguments continue

Prime Minister Boris Johnson will comply with the Supreme Court’s ruling if it concludes his advice to the Queen to suspend Parliament for five weeks was unlawful, the court has heard.

Giving a legal undertaking on behalf of Mr Johnson, the Advocate General for Scotland Lord Keen QC said the prime minister will “take the necessary steps”.

However, he refused to rule out the possibility Mr Johnson may advise the Queen to prorogue Parliament for a second time.

The lawyer, the chief legal adviser to the UK Government on Scottish law, is challenging the ruling of the Inner House of the Court of Session in Edinburgh.

The court ruled last week Mr Johnson’s advice to the Queen was unlawful because it was “motivated by the improper purpose of stymying Parliament”.

Lord Keen made the comments yesterday during an exchange with Lord Kerr, one of 11 justices hearing appeals arising out of two separate challenges in England and Scotland over the legality of the prorogation – which resulted in different outcomes.

When asked by Lord Kerr what would happen if the court rules the prorogation was unlawful and whether Parliament would be recalled, he replied: “It will be then for the prime minister to address the consequences of declaration.

“I have given a very clear undertaking the prime minister will respond by all necessary means to any declaration the...prorogation was effected by any unlawful advice he may have given.” When Lord Kerr asked if it could be taken the prorogation decision could not be made a second time, Lord Keen replied: “I’m not in a position to comment on that.”

Lord Keen added: “If the court finds it was unlawful, the prime minister will take the necessary steps to comply with any declaration made by the court.”

The advocate general’s case is being heard alongside an appeal by campaigner Gina Miller, who is challenging a ruling of the High Court in London – which concluded the length of the prorogation was “purely political” and not a matter for the courts.

Mrs Miller’s barrister said the case raises “fundamental questions of constitutional law”.

Lord Pannick QC told the judges: “The exceptional length of the prorogation in this case is strong evidence the prime minister’s motive was to silence Parliament for period because he sees Parliament as an obstacle to the furtherance of his political aims.”

A crowd of about 40 protesters, holding signs saying “Defend democracy”, “Reopen Parliament” and “They misled the Queen”, remained outside the Supreme Court.

Lawyers for the prime minister will outline the case his advice on the suspension was lawful from today.

He sees Parliament as an obstacle. LORD PANNICK QC ON PRIME MINISTER BORIS JOHNSON