Gina Miller’s lawyers tell MPs to return to Parliament as proroguing now MEANINGLESS  – News 247

Gina Miller’s lawyers tell MPs to return to Parliament as proroguing now MEANINGLESS – News 247


 Earlier today, a legal bid to challenge the suspension of parliament has succeeded at the appeal court in Edinburgh, with judges ruling Boris Johnson’s prorogation of parliament to be “unlawful” A group of around 70 parliamentarians had appealed against a ruling by a judge at the court that Boris Johnson’s prorogation of Parliament was lawful Judge Lord Doherty originally dismissed a challenge against the suspension – which went ahead in the early hours of Tuesday – at the Court of Session last Wednesday, saying it is for politicians and not the courts to decide  But three judges of the Inner House, the supreme civil court in Scotland, disagreed with Lord Doherty’s ruling  The UK Government plans to appeal against the latest ruling to the Supreme Court  The letter from Ms Miller’s lawyers Mishcon de Reya, sent to the Government Legal Department, says: “The Scottish court has ruled that the current prorogation of Parliament is unlawful and declared that it is unlawful We understand that no application has been made to stay that ruling. In any event, as the Supreme Court made clear in Ahmed v HM Treasury [2010] UKSC 5, [2010] 2 AC 534 (Judgment on suspension of Order) at [3]-[8] where a Superior Court finds a decision to be unlawful this means that any Order in Council made on the basis of such decision is “of no effect” and null and void whether or not it has been quashed and this position is incapable of suspension  “There is therefore no legal basis for Parliament to be prorogued and the Commissioners were acting (wholly innocently) without legal authority to do so  “We note that the Prime Minister has stated in the Miller case that he “will take the necessary steps to comply with the terms of any declaration made by the court ” (see paragraph 60 of the Prime Minister’s Detailed Grounds and Skeleton Argument)  “Accordingly, please inform us what steps will be taken to reconvene Parliament with immediate effect  “In our view, Parliament can simply resume its functions. We are copying this letter to the Speaker of both Houses of Parliament and to the claimants in the Scottish action  Last week, Ms Miller said she “stands for everyone” after the High Court threw out her own case against Mr Johnson over his decision to shut down Parliament  She had presented a case to the High Court to challenge the Prime Minister’s decision to temporarily shut down Parliament, despite the ongoing Brexit debate  But Ms Miller’s case was thrown out after the judge ruled Mr Johnson did not act unlawfully by proroguing Parliament for five weeks ahead of the Brexit deadline  Mr Johnson is now facing furious demands for MPs to be recalled to Parliament immediately after after the ruling by Scotland’s highest civil court earlier today  The Government will lodge an appeal against the ruling with the Supreme Court. A hearing is set for Tuesday  But opposition MPs said the prorogation should be set aside without delay so ministers could be held responsible for their plans for Brexit in the House of Commons  Shadow Brexit Secretary Sir Keir Starmer told the Prime Minister to “do the right thing” and recall Parliament within 24 hours  He said: “What Boris Johnson should do is to urgently recall Parliament. “We should be back there this afternoon, or tomorrow, so we can debate this judgment, and we can decide what to do next  “He should do the right thing now, which is to reopen Parliament, let us back to do our job and to decide what to do next  “That is within his power, and we must take the decisions when we are recalled and back actually doing the job we are sent to Parliament to do ” Former Attorney General Dominic Grieve warned if ministers misled the Queen over the reasons for suspending Parliament, Mr Johnson would have to resign  He told the BBC: “It is absolutely central to our constitution that the relationship between the Prime Minister and the Queen is one of the utmost confidentiality and the utmost good faith Central. “So, 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 ” Labour leader Jeremy Corbyn said: “We did everything we could to prevent the prorogation of parliament – that is actually shutting down parliament, which is what the Prime Minister has done in order to prevent questions and debate right through until the middle of October  “Whatever happens next week, we will continue to press for parliament to be recalled so that we can question the Prime Minister on why he seems still unable to give an undertaking that he will abide by the European law that we passed last week requiring him to seek an extension if necessary to prevent a no-deal crash-out from the European Union at the end of October Trending  “So, these are interesting times, when courts rule in favour of democracy, against a Prime Minister who wants to shut down our democracy ” Opposition MPs have raged the real reason for Mr Johnson proroguing Parliament is to prevent MPs from thwarting his pledge to take Britain out of the European Union by October 31 – with or without a deal  But Downing Street has continued to insist the five-week suspension of Parliament would provide the new Government with the opportunity yo set out its legislative programme in a Queen’s Speech on October 14  Mr Johnson’s spokesman also said the Government would abide by the ruling of the Supreme Court  But in the meantime, officials said Parliament would continue to be prorogued.

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