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Supreme Court: Ex-PM's lawyers to argue against prorogation | Supreme Court: Ex-PM's lawyers to argue against prorogation |
(32 minutes later) | |
Boris Johnson's suspension of Parliament was motivated by "political interest", lawyers for ex-PM Sir John Major will argue at the Supreme Court. | Boris Johnson's suspension of Parliament was motivated by "political interest", lawyers for ex-PM Sir John Major will argue at the Supreme Court. |
The hearing on whether Mr Johnson's decision to suspend Parliament was lawful is entering its final day. | The hearing on whether Mr Johnson's decision to suspend Parliament was lawful is entering its final day. |
The government has argued prorogation is not a matter for the courts, but critics accuse the PM of trying to stop MPs scrutinising his Brexit policy. | The government has argued prorogation is not a matter for the courts, but critics accuse the PM of trying to stop MPs scrutinising his Brexit policy. |
Parliament was prorogued earlier this month for five weeks. | Parliament was prorogued earlier this month for five weeks. |
In July, Sir John said he would be prepared to seek a judicial review if the new PM attempted to suspend Parliament. | In July, Sir John said he would be prepared to seek a judicial review if the new PM attempted to suspend Parliament. |
He later joined the case brought by campaigner Gina Miller to avoid "taking up the court's time". | He later joined the case brought by campaigner Gina Miller to avoid "taking up the court's time". |
The court will hear his submission at 12:10 BST. | The court will hear his submission at 12:10 BST. |
What is happening today? | |
The panel of 11 justices began hearing submissions on behalf of the Scottish government at 10:30, followed by lawyers for the Northern Ireland victims' campaigner Raymond McCord. | |
The Scottish government's Lord Advocate James Wolffe QC said prorogation was taking place at a "time-critical period" when the government's decisions would be "monumental". | |
He said any decision to prorogue had to have "cogent justification". | |
In a written submission, the Scottish government said prorogation would have a "profoundly intrusive effect" on Parliament. | |
The court will also hear from the Welsh government at 11:40. | |
In a written submission, shadow attorney general Baroness Chakrabarti said if the government's power to prorogue Parliament was left "unchecked" MPs would be "deprived" of the ability to "perform their constitutional function". | |
What is the court considering? | What is the court considering? |
The Supreme Court is hearing two appeals. | The Supreme Court is hearing two appeals. |
The first is led by businesswoman Ms Miller who is appealing against the English High Court's decision to throw out a challenge to prorogation. | The first is led by businesswoman Ms Miller who is appealing against the English High Court's decision to throw out a challenge to prorogation. |
The judges said the decision to suspend Parliament was "not a matter" for the judiciary. | The judges said the decision to suspend Parliament was "not a matter" for the judiciary. |
The second comes from the government who are appealing against Scotland's Court of Session ruling that prorogation was "unlawful" and used to "stymie" Parliament. | The second comes from the government who are appealing against Scotland's Court of Session ruling that prorogation was "unlawful" and used to "stymie" Parliament. |
This challenge against the government was brought by 75 parliamentarians including the SNP MP Joanna Cherry. | This challenge against the government was brought by 75 parliamentarians including the SNP MP Joanna Cherry. |
What has happened so far? | What has happened so far? |
Arguing on behalf of Ms Miller on the first day, Lord Pannick QC said there was "strong evidence" the PM wanted to "silence" Parliament. | Arguing on behalf of Ms Miller on the first day, Lord Pannick QC said there was "strong evidence" the PM wanted to "silence" Parliament. |
However government lawyer Lord Keen QC argued that previous governments had prorogued Parliament to "pursue a particular political objective" and they were "entitled to do so". | However government lawyer Lord Keen QC argued that previous governments had prorogued Parliament to "pursue a particular political objective" and they were "entitled to do so". |
On the second day the court heard from government lawyer Sir James Eadie QC who said the issue was not a matter for the courts. | On the second day the court heard from government lawyer Sir James Eadie QC who said the issue was not a matter for the courts. |
He also argued that suspension had not silenced MPs because they had already managed to pass a bill blocking a no-deal Brexit, despite the prorogation dates. | He also argued that suspension had not silenced MPs because they had already managed to pass a bill blocking a no-deal Brexit, despite the prorogation dates. |
In the afternoon session, Aidan O'Neil QC said the decision had been carried out "in bad faith", and "for an improper purpose". | In the afternoon session, Aidan O'Neil QC said the decision had been carried out "in bad faith", and "for an improper purpose". |
What happens next? | What happens next? |
It is not known when the judges will deliver their verdict, but it could be as early as Thursday afternoon. | It is not known when the judges will deliver their verdict, but it could be as early as Thursday afternoon. |
Our home affairs correspondent said the feeling was the wait would not be long given the importance of the issue. | Our home affairs correspondent said the feeling was the wait would not be long given the importance of the issue. |
One senior government source told the BBC's political editor No 10 believed the Supreme Court would judge that prorogation was a matter for the courts and would "fire warning shots about how a government should not use this to close Parliament illegitimately". | One senior government source told the BBC's political editor No 10 believed the Supreme Court would judge that prorogation was a matter for the courts and would "fire warning shots about how a government should not use this to close Parliament illegitimately". |
However, Laura Kuenssberg said according to the source, No 10 did not believe the court would unravel their plan for a Queen's Speech next month. | However, Laura Kuenssberg said according to the source, No 10 did not believe the court would unravel their plan for a Queen's Speech next month. |