This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.theguardian.com/politics/live/2019/sep/17/brexit-latest-news-supreme-court-minister-refuses-to-rule-out-boris-johnson-suspending-parliament-again-ahead-of-supreme-court-hearing-live-news
The article has changed 19 times. There is an RSS feed of changes available.
| Version 9 | Version 10 |
|---|---|
| Supreme court hears claim Boris Johnson's abuse of prorogation worst by PM in 50 years – live news | |
| (32 minutes later) | |
| At the Lib Dem conference in Bournemouth Jo Swinson has just started her leader’s speech. | |
| There is a live feed here. | |
| Keen says the power to prorogue parliament is not there just to allow a Queen’s speech. | |
| He says Lord Pannick did not mention the Prorogation Act 1867. | |
| And he says there are times when prorogation has taken place for political purposes. | |
| Keen says he will not accept that the Scottish court of session had the right to declare prorogation null and void. | |
| For reference, this is what the Scottish court said in its summary of its judgment: | |
| The court will accordingly make an order declaring that the prime minister’s advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect. | |
| Keen says William IV was the last monarch to prorogue parliament in person. | |
| Now it is done by a royal commission. | |
| He says, under the Bill of Rights, the courts do not have the right to question proceedings in parliament. | |
| He says the Scottish court ruling saying prorogation is null and void must be rejected. | |
| And he says the PM “will take all necessary steps to comply with any declartion of the courts”. | |
| Lady Hale says the question of whether prorogation is actually a proceeding of parliament is a matter for the court to decide. The fact that the royal commission sits in parliament does not make it a proceeding in parliament, in terms of the Bill of Rights. | |
| Another judge, Lord Kerr, asks what would happen if the supreme court finds against the government. | |
| Keen says he has given “a clear undertaking that the prime minister will respond by all necessary means” to the supreme court’s decision. That would mean parliament sitting again, he implies. | |
| Kerr goes again. But is it possible the PM could prorogue parliament again? | |
| Keen says he is not able to answer that. That would be a decision for the PM, he suggests. | |
| He repeats the assurance he is able to give. If the court finds that the advice of the PM to the Queen about prorogation was unlawful, “the prime minister will take the necessary steps to comply with any declaration made by it.” | |
| From the Spectator’s James Forsyth | |
| On the government side, concern about which way the Supreme Court will go is up following this morning’s session. Readers of the legal tea leaves reckon that the thrust of Lady Hale’s questioning was not good for HMG | |
| Keen says the Scottish court accepted that the principle of non-justiciability does apply. What is at stake is whether the decision to prorogue is justiciable. | Keen says the Scottish court accepted that the principle of non-justiciability does apply. What is at stake is whether the decision to prorogue is justiciable. |
| Keen starts by saying he agrees with the inner house of the court of session about this case not hinging on any particular aspect of Scots law. He says in this case the relevant constitution law applies to the UK as a whole. | |
| Back in the supreme court the afternoon proceedings are starting. | Back in the supreme court the afternoon proceedings are starting. |
| Lord Keen QC, the advocate general for Scotland, is speaking now for the UK government. He is asking the court to reject the judgment of the inner court of Scotland’s court of session. | Lord Keen QC, the advocate general for Scotland, is speaking now for the UK government. He is asking the court to reject the judgment of the inner court of Scotland’s court of session. |
| Ruth Davidson, the former Scottish Conservative leader, has said she does not know whether or not Boris Johnson really believes in Brexit. In an interview with ITV’s Lorraine, asked about David Cameron’s claim that Johnson only joined the leave campaign to further his own career, she said: | Ruth Davidson, the former Scottish Conservative leader, has said she does not know whether or not Boris Johnson really believes in Brexit. In an interview with ITV’s Lorraine, asked about David Cameron’s claim that Johnson only joined the leave campaign to further his own career, she said: |
| I don’t know what’s in [Johnson’s] heart. I don’t know whether he desperately believes in Brexit or he doesn’t believe in Brexit and I’m not going to pretend that I do. But I think people can tell if politicians are basically telling the truth or not and if they can tell if they mean what they say. | I don’t know what’s in [Johnson’s] heart. I don’t know whether he desperately believes in Brexit or he doesn’t believe in Brexit and I’m not going to pretend that I do. But I think people can tell if politicians are basically telling the truth or not and if they can tell if they mean what they say. |
| Davidson said that one of the reasons she quit as Scottish Tory leader was because she found it hard to reconcile her political view that, in the light of the referendum result, Brexit should go ahead with her personal opposition to leaving the EU. | Davidson said that one of the reasons she quit as Scottish Tory leader was because she found it hard to reconcile her political view that, in the light of the referendum result, Brexit should go ahead with her personal opposition to leaving the EU. |
| She also said she did not know why Johnson has prorogued parliament for so long. Asked about this, she said: | She also said she did not know why Johnson has prorogued parliament for so long. Asked about this, she said: |
| I think it was done in a bad way but the idea that a prime minister doesn’t suspend parliament in order to bring forward a Queen’s speech and a legislative agenda – up until recently that happened almost every year. | I think it was done in a bad way but the idea that a prime minister doesn’t suspend parliament in order to bring forward a Queen’s speech and a legislative agenda – up until recently that happened almost every year. |
| I was quite close to David Cameron and Theresa May, I’m not close to Boris Johnson, I’m not going to pretend that I’ve ever been part of his inner circle – I haven’t – so I don’t know why the government chose to do that and that’s one of the things the judges are going to be deciding, and what the Scottish case looked at. | I was quite close to David Cameron and Theresa May, I’m not close to Boris Johnson, I’m not going to pretend that I’ve ever been part of his inner circle – I haven’t – so I don’t know why the government chose to do that and that’s one of the things the judges are going to be deciding, and what the Scottish case looked at. |
| Sir Edward Leigh, the veteran Conservative, has sent an email to MPs explaining why they should vote for him as next Speaker. He would treat them as grown-ups, he says. | Sir Edward Leigh, the veteran Conservative, has sent an email to MPs explaining why they should vote for him as next Speaker. He would treat them as grown-ups, he says. |
| I would be strictly impartial and deaf to any partisan influence. I would, in quiet dignity, dress, and demeanour, model myself on the present Lord Speaker. We should treat MPs as grown-ups and let them know when they will be called at the beginning of debates. The Speaker must always be scrupulously fair and polite to colleagues, speaking only to effect and briefly and submerge his personality into the role. | I would be strictly impartial and deaf to any partisan influence. I would, in quiet dignity, dress, and demeanour, model myself on the present Lord Speaker. We should treat MPs as grown-ups and let them know when they will be called at the beginning of debates. The Speaker must always be scrupulously fair and polite to colleagues, speaking only to effect and briefly and submerge his personality into the role. |
| I would want to be a Speaker who seeks to unite the house in robust scrutiny. A Speaker who speaks only to good and powerful effect and who is the calm, self-effacing voice of the house. | I would want to be a Speaker who seeks to unite the house in robust scrutiny. A Speaker who speaks only to good and powerful effect and who is the calm, self-effacing voice of the house. |
| Leigh also says he would be in favour of abolishing September sittings – which might get him Boris Johnson’s vote, in view of the fact Johnson thinks these are an unnecessary “girly swot” initiative. | Leigh also says he would be in favour of abolishing September sittings – which might get him Boris Johnson’s vote, in view of the fact Johnson thinks these are an unnecessary “girly swot” initiative. |
| Wake Up and Vote, a campaign that tried to increase the youth turnout in the EU referendum, has been fined £1,800 by the Electoral Commission for not submitting a full spending return. It said that it spend £66,383 during the campaign. But it also jointly funded an advertising campaign with DDB UK, which cost a total of £75,813, and under electoral rules it should have including the joint spending in its own campaign spending return. | Wake Up and Vote, a campaign that tried to increase the youth turnout in the EU referendum, has been fined £1,800 by the Electoral Commission for not submitting a full spending return. It said that it spend £66,383 during the campaign. But it also jointly funded an advertising campaign with DDB UK, which cost a total of £75,813, and under electoral rules it should have including the joint spending in its own campaign spending return. |
| Here is my colleague Owen Bowcott’s story about the opening of the supreme court prorogation case. | Here is my colleague Owen Bowcott’s story about the opening of the supreme court prorogation case. |
| Johnson's suspension of parliament 'unlawful abuse of power' | Johnson's suspension of parliament 'unlawful abuse of power' |
| And this is how it starts. | And this is how it starts. |
| Boris Johnson’s motive for proroguing the Commons for five weeks was “to silence parliament for that period”, the supreme court has been told at the opening of an emergency appeal. | Boris Johnson’s motive for proroguing the Commons for five weeks was “to silence parliament for that period”, the supreme court has been told at the opening of an emergency appeal. |
| The prime minister’s extended suspension of debate was carried out for an “improper purpose” in order to “avoid the risk of parliament undermining the policies of his executive”, said Lord Pannick QC, who was representing the businesswoman and legal campaigner Gina Miller. | The prime minister’s extended suspension of debate was carried out for an “improper purpose” in order to “avoid the risk of parliament undermining the policies of his executive”, said Lord Pannick QC, who was representing the businesswoman and legal campaigner Gina Miller. |
| Before the arguments formally began in central London, Lady Hale, the president of the supreme court, said it was facing “serious and difficult questions”. That was evidenced, she said, “by the fact that three senior judges in Scotland have reached a different conclusion to three senior judges in England and Wales”. | Before the arguments formally began in central London, Lady Hale, the president of the supreme court, said it was facing “serious and difficult questions”. That was evidenced, she said, “by the fact that three senior judges in Scotland have reached a different conclusion to three senior judges in England and Wales”. |
| Boris Johnson spoke to Angela Merkel, the German chancellor, this morning, Downing Street has said. They spoke about Saudi Arabia and Iran, but also about Brexit. According to Number 10, this is what was said on that topic. | Boris Johnson spoke to Angela Merkel, the German chancellor, this morning, Downing Street has said. They spoke about Saudi Arabia and Iran, but also about Brexit. According to Number 10, this is what was said on that topic. |
| On Brexit, the prime minister reiterated that the UK and the EU have agreed to accelerate efforts to reach a deal without the backstop which the UK parliament could support, and that we would work with energy and determination to achieve this ahead of Brexit on 31 October. | On Brexit, the prime minister reiterated that the UK and the EU have agreed to accelerate efforts to reach a deal without the backstop which the UK parliament could support, and that we would work with energy and determination to achieve this ahead of Brexit on 31 October. |
| Number 10 said Johnson and Merkel would speak again at the UN general assembly in New York next week. | Number 10 said Johnson and Merkel would speak again at the UN general assembly in New York next week. |
| Pannick says, if this issue is not justiciable, people have to ask what might happen if another PM were to prorogue parliament for six months or for a year. | Pannick says, if this issue is not justiciable, people have to ask what might happen if another PM were to prorogue parliament for six months or for a year. |
| And he says it is no good referring to Dicey for guidance on this because he was writing in another era. And Dicey said something like that would be most unconstitutional. | And he says it is no good referring to Dicey for guidance on this because he was writing in another era. And Dicey said something like that would be most unconstitutional. |
| Pannick says this is a legal question. And legal questions are for the courts to determine. | Pannick says this is a legal question. And legal questions are for the courts to determine. |
| He says the only remedy he is seeking is a declaration that the PM’s advice was unlawful. | He says the only remedy he is seeking is a declaration that the PM’s advice was unlawful. |
| He says the government, in its submission, says the PM will comply with the declaration of the court. | He says the government, in its submission, says the PM will comply with the declaration of the court. |
| Pannick concludes by apologising for over-running his time by a few minutes, eating into the time available for lunch. | Pannick concludes by apologising for over-running his time by a few minutes, eating into the time available for lunch. |
| And now the court adjourns until 2pm. | And now the court adjourns until 2pm. |
| Pannick says it is more difficult to apply a Padfield principle to a prerogative power than to a statutory power. | Pannick says it is more difficult to apply a Padfield principle to a prerogative power than to a statutory power. |
| But it is still possible, he says. | But it is still possible, he says. |
| And he says there is an important principle at stake - whether the exercise of such a power frustrates the purposes for which such a power applies. | And he says there is an important principle at stake - whether the exercise of such a power frustrates the purposes for which such a power applies. |
| In the supreme court Pannick is winding up. | In the supreme court Pannick is winding up. |
| These are from the BBC’s Dominic Casciani and the legal commentator Joshua Rozenberg. | These are from the BBC’s Dominic Casciani and the legal commentator Joshua Rozenberg. |
| In final 10 minutes of session, Lord Pannick turns to government’s key argument - that the case cannot even be considered by judges. Tactically, he is trying to diminish its importance - he wants the court to focus on PM’s intention and its effect on Parliament’s sovereignty. | In final 10 minutes of session, Lord Pannick turns to government’s key argument - that the case cannot even be considered by judges. Tactically, he is trying to diminish its importance - he wants the court to focus on PM’s intention and its effect on Parliament’s sovereignty. |
| No surprise, he cites lots of case law arguing judges have the power to scrutinise ministerial prerogative powers which are not limited by clear acts of Parliament. | No surprise, he cites lots of case law arguing judges have the power to scrutinise ministerial prerogative powers which are not limited by clear acts of Parliament. |
| Pannick is rattling through some decided cases (“authorities”) that the PM relies on, not remotely thrown by the fact that he has just a few minutes left. When questioned, he can tell you exactly what these cases decided. | Pannick is rattling through some decided cases (“authorities”) that the PM relies on, not remotely thrown by the fact that he has just a few minutes left. When questioned, he can tell you exactly what these cases decided. |
| The prime minister’s spokesman said the supreme court case was mentioned by Boris Johnson during this morning’s cabinet meeting. “He mentioned the fact that the court case was ongoing and that we are confident in our arguments,” the spokesman said. | The prime minister’s spokesman said the supreme court case was mentioned by Boris Johnson during this morning’s cabinet meeting. “He mentioned the fact that the court case was ongoing and that we are confident in our arguments,” the spokesman said. |
| As the Press Association reports, asked whether Johnson should either give evidence or submit an affidavit to the court, the spokesman said: | As the Press Association reports, asked whether Johnson should either give evidence or submit an affidavit to the court, the spokesman said: |
| I am not going to comment on an ongoing court case. The way court cases begin is that one side will set out their position and then there will be a response for the government. The court is the right forum for this to take place. | I am not going to comment on an ongoing court case. The way court cases begin is that one side will set out their position and then there will be a response for the government. The court is the right forum for this to take place. |