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Keir Starmer: Scottish court's Brexit ruling a victory for democracy Keir Starmer: court's prorogation ruling a victory for democracy
(about 2 hours later)
Keir Starmer, the shadow Brexit secretary, has described the decision of Scottish judges to rule Boris Johnson’s suspension of parliament as unlawful as an important victory for democracy that could allow MPs to return to Westminster. Keir Starmer, the shadow Brexit secretary, has described the decision of Scottish judges to rule Boris Johnson’s suspension of parliament unlawful as an important victory for democracy that could allow MPs to return to Westminster.
Reacting to the ruling on stage at the TUC Congress in Brighton, he urged MPs to return to parliament so they can “open those doors” and hold the prime minister to account.Reacting to the ruling on stage at the TUC Congress in Brighton, he urged MPs to return to parliament so they can “open those doors” and hold the prime minister to account.
“This is really important. The idea of shutting down parliament offended people across the country and then they felt they weren’t being told the truth.“This is really important. The idea of shutting down parliament offended people across the country and then they felt they weren’t being told the truth.
“I am really pleased with the result. For the court to make a declaration like that on an issue like this is a huge thing for us. It vindicates everything we did last week.“I am really pleased with the result. For the court to make a declaration like that on an issue like this is a huge thing for us. It vindicates everything we did last week.
“I think that what I need to do, and what others need to do, is to get back to parliament and open those doors and get back in, and get Boris Johnson back in parliament so we can hold him properly to account,” he said.“I think that what I need to do, and what others need to do, is to get back to parliament and open those doors and get back in, and get Boris Johnson back in parliament so we can hold him properly to account,” he said.
The Observer breaks the story that Boris Johnson has sought legal advice on closing parliament for five weeks The Observer breaks the story that Boris Johnson has sought legal advice on closing parliament for five weeks 
Other media organisations begin to receive leaks that Johnson will make a statement on prorogationOther media organisations begin to receive leaks that Johnson will make a statement on prorogation
Three privy counsellors, including Jacob Rees-Mogg, travel to Balmoral to tell the Queen of the prorogation plan. Cabinet ministers are informed by conference callThree privy counsellors, including Jacob Rees-Mogg, travel to Balmoral to tell the Queen of the prorogation plan. Cabinet ministers are informed by conference call
Tens of thousands protest against prorogation. Cross-party group of MPs steps up preparation for blocking no deal when parliament makes a brief returnTens of thousands protest against prorogation. Cross-party group of MPs steps up preparation for blocking no deal when parliament makes a brief return
Parliament returns and the prime minister loses six votes in six days. MPs vote to prevent a no-deal Brexit, and refuse Johnson's attempts to force them into a general election.Parliament returns and the prime minister loses six votes in six days. MPs vote to prevent a no-deal Brexit, and refuse Johnson's attempts to force them into a general election.
Legal campaigner Gina Miller vows to continue her “fight for democracy” after the high court dismissed her claim that the prime minister acted unlawfully in giving advice to the Queen to suspend parliament at a time of momentous political upheaval.Legal campaigner Gina Miller vows to continue her “fight for democracy” after the high court dismissed her claim that the prime minister acted unlawfully in giving advice to the Queen to suspend parliament at a time of momentous political upheaval.
Parliament is dissolved amid chaotic scenes as some MPs hold up signs saying they have been silenced, try to prevent Speaker John Bercow leaving the chamber, and  sing the Red Flag.Parliament is dissolved amid chaotic scenes as some MPs hold up signs saying they have been silenced, try to prevent Speaker John Bercow leaving the chamber, and  sing the Red Flag.
The court of session in Scotland rules that Boris Johnson’s decision to prorogue parliament for five weeks was unlawful. The case will go to the supreme court.The court of session in Scotland rules that Boris Johnson’s decision to prorogue parliament for five weeks was unlawful. The case will go to the supreme court.
The date that Boris Johnson is planning for the state opening of parliament and Queen's speech marks the new session  The UK’s highest court has arranged a three-day hearing to join together all the legal challenges to the prorogation.
The date that Boris Johnson is planning for the state opening of parliament and Queen's speech marking the start of the new session 
Starmer was told of the ruling by Mark Serwotka, the TUC’s president, having just delivered a speech to delegates about Johnson’s failings in government and last week’s dramatic week in Westminster.Starmer was told of the ruling by Mark Serwotka, the TUC’s president, having just delivered a speech to delegates about Johnson’s failings in government and last week’s dramatic week in Westminster.
Scottish appeal court judges declared that Johnson’s decision to suspend parliament in the run-up to the October Brexit deadline was unlawful.Scottish appeal court judges declared that Johnson’s decision to suspend parliament in the run-up to the October Brexit deadline was unlawful.
When Starmer , a former director of public prosecutions and a QC, was initially told of the judgment while on stage, his eyes widened and he said “wow” under his breath.
After reading the court documents, Starmer was interviewed on Sky News, and said it was a “powerful judgment” and urged Johnson to recall parliament before the supreme court judgment.
“It is incredible in one sense that the judges have gone in to this space, saying that essentially that the prime minister’s real motive was to frustrate the process and shut down parliament.
“For a court to say that documents point one way and they undermine his case to the point where they ruled them unlawful, that was an incredibly powerful thing for them to have done.
“Courts are quite used to saying that government’s have acted unusually because they have misinterpreted the law or something like that. But to say that the motive or the reason that the prime minister has put forward is not the true reason is incredibly unusual and I don’t think they would have done it without overwhelming evidence,” he said.
Some Labour MPs - including some of those who took part in Monday night’s rowdy late-night scenes in the House of Commons - urged Jeremy Corbyn to issue a three-line whip to summon them back to Westminster.
Clive Lewis said: “I am going to be discussing this with others; but there is an argument that that judgment now stands, and that the prorogation is illegal; and until it’s challenged and a new judgment is made in a higher court, the prorogation has no legal basis.
“There is an argument for MPs to rock up and start taking back control of the agenda – and start going through the Yellowhammer documents, and everything else that we have asked for.” He suggested Corbyn could “initiate a three-line whip”, to recall colleagues.
Former Conservative attorney general Dominic Grieve said Johnson should resign if he has misled the Queen.
“If it were to be the case that the government had misled the Queen about the reasons for suspending parliament, and the motives for it, that would be a very serious matter indeed. Indeed, in my view, it would then be the moment for Mr Johnson to resign, and very swiftly,” he told BBC news.
Union leaders called on Johnson to recall parliament or face further protest and court proceedings.
Tim Roache, the general secretary of the GMB, said: “Shutting down parliament for your own ends at a time of national crisis, when people’s jobs and livelihoods are on the line, beggars belief.
“The prime minister needs to heed this warning, get MPs back to Westminster and sort out the mess we’re in.”
Len McCluskey, the head of Unite, which is Labour’s largest corporate donor, told Sky that if Johnson goes to Scotland he could be subjected to a citizen’s arrest.
“It is quite extraordinary what the Scottish courts have ruled. My advice to the prime minister is don’t go up to Scotland, you’re liable to face a citizen’s arrest, so he’d best keep in his bunker somewhere in either Eton or Westminster.”
Earlier, before the judgment was released, Starmer had told delegates that Johnson must now bow to the will of parliament and seek an extension to article 50 if he fails to get as deal by 19 October.
“Over the summer we worked across parliament to build consensus for legislation to prevent no deal at the end of October. As of Monday, that is now law.
“It means that if the prime minister fails to get a Brexit deal by 19 October – as looks increasingly inevitable – or a mandate for no deal – which is equally unlikely – he will have to seek and accept an extension to article 50.
“The legal advice is clear that the prime minister must abide by this. I shouldn’t have to say this to the prime minister – accept that parliament has spoken, accept you have no mandate for no deal, and be clear that you will follow the law,” he said.
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