UK News: Parliament suspension sought in 'clandestine' manner, says senior Scots judge - - PressFrom - United Kingdom
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UK NewsParliament suspension sought in 'clandestine' manner, says senior Scots judge

01:35  13 september  2019
01:35  13 september  2019 Source:   scotsman.com

London court rejects challenge to PM Johnson's suspension of parliament

London court rejects challenge to PM Johnson's suspension of parliament London court rejects challenge to PM Johnson's suspension of parliament before Brexit, but said it could be taken to the Supreme Court for an appeal, the BBC said. Johnson announced at the end of August that he would suspend parliament from mid-September to mid-October, just before Britain is due to leave the European Union on Oct. 31, so the government could announce a new legislative programme. That prompted campaigner Gina Miller, who defeated the government over another Brexit issue two years ago, to challenge the order.

Scotland 's highest court says Boris Johnson, in effect, misled the Queen over the move. But the three Inner House judges said they disagreed with Lord Doherty's ruling because this particular prorogation had been a "tactic to frustrate Parliament " rather than a legitimate use of the power.

Three judged , chaired by Lord Carloway, Scotland 's most senior judge , on Wednesday overturned a ruling that the courts Johnson suspended , or prorogued, parliament on Monday, claiming that But opponents said the timing of his move indicated that he was seeking to stifle opposition to his Brexit

The suspension of Parliament was sought in a "clandestine" manner and the "true reason" for the prorogation was to reduce the time available for scrutiny of Brexit, a senior Scottish judge said.

Parliament suspension sought in 'clandestine' manner, says senior Scots judge © Provided by Johnston Publishing Ltd

Boris Johnson's decision to suspend Parliament was ruled "improper" and "unlawful" on Wednesday by three senior Scottish judges, who concluded it had been done with "the purpose of stymying Parliament".

The full opinions from the judges at the Court of Session in Edinburgh - who said the prorogation was "null and of no effect" - were issued on Thursday evening.

The Court of Session case, brought by a group of more than 70 parliamentarians, appealed against an earlier ruling by a judge that the Prime Minister's prorogation was lawful.

Boris Johnson's Prorogation Of Parliament Was 'Unlawful', Rule Scottish Judges

Boris Johnson's Prorogation Of Parliament Was 'Unlawful', Rule Scottish Judges Boris Johnson’s prorogation of parliament was “unlawful”, judges at the appeal court in Edinburgh have ruled. The prime minister is now facing demands he recall the Commons. A group of around 70 parliamentarians had appealed against an earlier ruling by a judge at the court that Johnson’s suspension of parliament was lawful. SNP Joanna Cherry said the Commons must now be “recalled immediately”. Following today’s ruling, she said Johnson’s shutting down of parliament early was a “plot” to stop MPs blocking a no-deal Brexit. Labour MP David Lammy said: “Let’s unlock the doors tomorrow.

Court backs MPs who said suspension of parliament breached constitution. The three judges , chaired by Lord Carloway, Scotland ’s most senior judge , overturned an earlier ruling that the courts did not have the power to interfere in the prime minister’s political decision to prorogue parliament .

British Prime Minister Boris Johnson’s suspension of the UK parliament has been judged to be “unlawful” at an appeal court in Edinburgh, Scotland .

Judge Lord Doherty dismissed the challenge at the Court of Session last Wednesday, saying it was for politicians and not the courts to decide.

But the three judges at the Inner House, the supreme civil court in Scotland, disagreed with Lord Doherty's ruling on Wednesday.

In the full opinions released on Thursday, Judge Lord Carloway said: "The circumstances demonstrate that the true reason for the prorogation is to reduce the time available for Parliamentary scrutiny of Brexit at a time when such scrutiny would appear to be a matter of considerable importance, given the issues at stake.

"This is in the context of an anticipated no-deal Brexit, in which case no further consideration of matters by Parliament is required. The Article 50 period, as extended, will have expired and withdrawal will occur automatically."

Scottish court rules Boris Johnson illegally suspended Parliament. U.K.'s top court will have the final say.

Scottish court rules Boris Johnson illegally suspended Parliament. U.K.'s top court will have the final say. A Scottish appeals court, the Court of Sessions, ruled Thursday that Prime Minister Boris Johnson violated Britain's constitution when he prorogued, or suspended, Parliament until Oct. 14. The three-judge panel, led by Lord Carloway, Scotland's senior-most judge, overturns a lower court ruling that courts can't interfere with political decision by the prime minister. But the appellate court did not immediately overturn Johnson's order, allowing the U.K. Supreme Court to make the final decision in an emergency session called for Sept. 17. It did, however, inject more chaos into an already madcap Brexit fight.

Scottish judges deliver hammer blow to Boris Johnson by ruling Parliament was suspended ILLEGALLY Boris Johnson suffered another setback today as Scottish judges ruled his suspension of A summary of the judgement said : 'The Inner House of the Court of Session has ruled that the

Amid what is now a full-blown constitutional crisis, all eyes will be on the Supreme Court next week, when the country’s top judges will decide whether Scotland 's Court of Session was correct in ruling that the Opposition MPs leapt on the ruling, saying that parliament should be recalled immediately.

The judge said this conclusion on the "true reason" stemmed from a number of factors.

"First, the prorogation was sought in a clandestine manner during a period in which litigation concerning the prospect of prorogation occurring was extant," he said.

"Although it is possible to argue about exactly what was meant by the respondent's fifth plea-in-law, it is not unreasonable to comment that even the respondent's legal team appear to have been kept in the dark about what was about to happen.

"Secondly, the decision to prorogue in the manner sought was taken against the background of the discussions in which it was being suggested that MPs, and thus Parliament, would be unable to prevent a no-deal Brexit if time was simply allowed to elapse, without further legislation, until the exit date.

"Put shortly, prorogation was being mooted specifically as a means to stymie any further legislation regulating Brexit.

Boris Johnson's suspension of Parliament ruled as unlawful

Boris Johnson's suspension of Parliament ruled as unlawful A legal bid to challenge the suspension of parliament has succeeded at the highest appeal court in Edinburgh. © Provided by Johnston Publishing Ltd A group of around 70 parliamentarians had appealed against a ruling by a judge at the court that Boris Johnson's prorogation of Parliament is 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.

The Prime Minister said he must 'respectfully disagree' with the idea that he was acting like a totalitarian as he answered questions from the public in a The Brexit war exploded today as No10 was accused of questioning the impartiality of Scottish judges who ruled Boris Johnson suspended Parliament

Opposition MPs leapt on the ruling, saying that parliament should be recalled immediately. Former attorney general and Tory rebel Dominic Grieve said that if Boris Johnson had misled the Queen over the reasons for prorogation, then he should resign.

"Thirdly, there is remarkably little said about the reason for the prorogation in the respondent's pleadings."

Judge Lord Drummond Young said: "In my opinion, nothing in these documents can be said to provide any rational explanation as to why Parliament must be prorogued as early as September 9 for a period of five weeks.

"Nor has any other explanation been provided for the length of the prorogation, beyond references to the need to begin a new session of Parliament to promote a new legislative programme.

"That, of course, does not explain the length of the prorogation; merely the fact that prorogation is required.

"In these circumstances I have come to the conclusion that the only inference that can properly be drawn on an objective basis is that the Government, and the Prime Minister in particular, wished to restrict debate in Parliament for as long as possible during the period leading up to the European Council meeting on 17/18 October and the scheduled date of Britain's departure from the European Union.

"It would be wrong to speculate as to whether this is because the Government wishes to persuade the European Union to accept a withdrawal agreement that differs from the agreement previously concluded or whether the Government is truly intent on achieving departure from the European Union without a withdrawal agreement.

"In either event, the matter clearly calls for Parliamentary scrutiny. The effect of the prorogation under consideration, in particular its length, is that proper Parliamentary scrutiny is rendered all but impossible."

The Government is appealing and the case is scheduled to go to the Supreme Court on Tuesday.

Scottish Independence: Poll - majority of Scots will vote "remain in the UK".
A majority of Scots would vote to stay in the UK in a fresh independence referendum, new polling indicates. The survey by the Scotland in Union organisation found 59% would vote to remain, while 41% would back independence. But the findings were dismissed by the SNP Deputy leader Keith Brown who claimed the question was "rigged." It comes on the fifth anniversary of the independence referendum of 2014 - but uses a different question to the one posed five years ago.

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