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Wednesday, 11 September 2019

Prorogation Unlawful

The Court of Sessions, Scotland's Highest Court, has just ruled that the prorogation of Parliament is unlawful as Boris Johnson's intention was to stymie Parliament.  I doubt whether this was in the Dominic Cummings playbook.  The main effect is that the Select Committees can continue to function, and the case is likely to go to the UK Supreme Court.

According to the Speakers Office whether Parliament can be recalled is a decision for the Executive.

The second major effect is that the Court of Sessions has offered an opinion on Boris Johnson's sincerity in requesting the Prorogation, and they are not sympathetic.  Keir Starmer QC has been quoted as saying: "But to say that the motive or the reason that the prime minister has put forward was not the true reason, that is very powerful, and very unusual for a court. I don’t think they would have done it without overwhelming evidence."  Dominic Grieve QC has suggested that Boris Johnson may need to resign. 

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