THE Supreme Court has ruled that Prime Minister Boris Johnson's advice to the Queen to suspend Parliament for five weeks was unlawful.
Speaking in New York, Prime Minister Boris Johnson said: "Obviously this is a verdict that we will respect and we respect the judicial process.
"I have to say that I strongly disagree with what the justices have found. I don't think that it's right but we will go ahead and of course Parliament will come back."
Mr Johnson added: "I do think there's a good case for getting on with a Queen's Speech anyway and we will do that."
The Prime Minister continued: "But I think the most important thing is we get on and deliver Brexit on October 31 and clearly the claimants in this case are determined to frustrate that and to stop that.
"I think it would be very unfortunate if Parliament made that objective, which the people want, more difficult but we will get on."
Told the court found the prorogation unlawful and undemocratic, Mr Johnson said: "I'm not certain that the justices did say that. I think that they certainly thought that the prorogation we chose was not something they could approve of.
"It's an unusual judgment to come to.
The Prime Minister added: "The prerogative of prorogation is a very old one and it's not, I think, been contested before in this way.
"The main thing is we are going to get on and deliver Brexit on October 31. Yes, of course, Parliament will now have to come back but we will respect that and get on with it."
The decision was announced by the court's president Lady Hale who said that the court's judgment was the unanimous judgment of all 11 justices.
Lady Hale said it is now for Parliament itself to decide what steps to take next.
She said: "It is for Parliament, and particularly the Speaker and the Lord Speaker, to decide what to do next.
"Unless there is some Parliamentary rule of which we are unaware, they can take immediate steps to enable each House to meet as soon as possible.
"It is not clear to us that any step is needed from the Prime Minister, but if it is, the court is pleased that his counsel have told the court that he will take all necessary steps to comply with the terms of any declaration made by this court."
As Lady Hale announced the court's decision, she said: "These cases are not about when and on what terms the United Kingdom is to leave the European Union.
"They are only about whether the advice given by the Prime Minister to Her Majesty the Queen... was lawful."
My word! #SupremeCourt find prorogation UNLAWFUL. @BorisJohnson broke the law. Unanimous.
— Helen Goodman (@HelenGoodmanMP) September 24, 2019
Lady Hale said the case is a "one-off", having come about "in circumstances which have never arisen before and are unlikely to ever arise again".
She added that the court found the issue was "justiciable" - capable of challenge in the courts.
The calling of a Queen's Speech and prorogation is the worst political decision ever. Dominic Cummings must go.
— Nigel Farage (@Nigel_Farage) September 24, 2019
Lady Hale told the court that "a decision to prorogue, or advise the monarch to prorogue, will be unawful if the prorogation has the effect of frustrating or preventing without reasonable justification the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive".
This unanimous Supreme Court decision is of such profound importance. The Prorogation is void. Parliament. has.not.been.prorogued. Our constitution in action. Let’s get back to work holding this rotten Government to account. The Prime Minister MUST now resign.
— Catherine McKinnell (@CatMcKinnell) September 24, 2019
She said: "The court is bound to conclude therefore that the decision to advise Her Majesty to prorogue was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions."
She added that the prorogation was "void and of no effect", adding: "Parliament has not been prorogued."
Lady Hale continued that the speakers of the Houses of Commons and Lords "can take immediate steps to enable each house to meet as soon as possible".
REACTION
Labour leader Jeremy Corbyn has called for the Prime Minister to "consider his position" following the Supreme Courts ruling.
Addressing the Labour Party conference in Brighton, Mr Corbyn said: "It shows that the Prime Minister has acted wrongly in shutting down Parliament.
"It demonstrates contempt for democracy and an abuse of power by him. The Supreme Court, therefore, passes the baton to the speaker to recall Parliament.
"I will be in touch immediately to demand that Parliament is recalled so that we can question that prime minister, demand that he obeys the law that has been passed by Parliament and recognise that our Parliament is elected by our people to hold our Government to account.
"A Labour Government want to be held to account. We wouldn't bypass democracy.
"And I invite Boris Johnson in the historic words to consider his position."
In a statement, Speaker John Bercow said: "I welcome the Supreme Court's judgement that the prorogation of Parliament was unlawful.
"The judges have rejected the Government's claim that closing down Parliament for five weeks was merely standard practice to allow for a new Queen's Speech.
"In reaching their conclusion, they have vindicated the right and duty of Parliament to meet at this crucial time to scrutinise the executive and hold Ministers to account.
"As the embodiment of our Parliamentary democracy, the House of Commons must convene without delay. To this end, I will now consult the party leaders as a matter of urgency."
Labour MP for Easington, Grahame Morris tweeted: "Boris Johnson advised the Queen to act unlawfully. His position is untenable, and he should step down. Parliament should be reconvened immediately to resolve the constitutional crisis that has been created by the Prime Minister.
"If Boris Johnson refuses to resign, as Prime Minister, the only option will be a vote of no confidence in a government that has been proven to have acted unlawfully and are undermining our constitution and democracy."
Dr Paul Williams, Labour MP for Stockton South, tweeted: "If Boris Johnson we’re a doctor he would be struck off for this. He is a liar who is unfit to lead our country. He must resign.
"Our lying PM unlawfully advised the Queen to shut down Parliament, with the effect that he avoided being scrutinised at a crucial time in our country’s history.
"All 11 Supreme Court judges unanimously agreed this, in a case that I joined other MPs in taking against the Government. We want to be at work doing our jobs.
"Nobody should be above the law, and Boris Johnson should now do the honourable thing and resign."
Jenny Chapman, Labour MP for Darlington, said Labour Party members at its Brighton conference were 'stunned'.
"Parliament must be recalled immediately. I never thought that I would witness events which originated from the Prime Minister lying to the Queen. It is extraordinary.
"People at conference are angry that this has happened but there is also a real sense of resolve that we need to get back to work immediately, and do what we are supposed to do, which is hold government to account and represent our constituents."
MPs are still waiting to hear when they will be called back, but expect it to be Thursday or Monday.
Ms Chapman added: "This is a lesson for Dominic Cummings, that he isn't above the law. He thought the riles didn't apply to him and it has been shown to be untrue."
She said Boris Johnson would have to explain to Parliament why he should be allowed to remain in office.
Protesters outside the Supreme Court erupted into cheers following the ruling.
Chants of "reopen Parliament" and "Johnson out" quickly began as the news spread through crowds, who were watching livestreams on mobile phones outside.
Susan Rogers, 70, told PA: "I am really pleased, I assumed that they would come to this verdict.
"It really shocked me the liberties that were taken, with the lies and with the prorogation of Parliament.
"I think Parliament should reopen and start dealing with the problems in the country. Look at the homeless, look at the NHS."
Former Green Party leader Caroline Lucas has said the Supreme Court's decision is "just the start".
"Supreme Court decision has stopped Johnson in his tracks," she tweeted. "Parliament cannot be swept aside by prime ministerial whim. It must resume immediately.
"This is just the start. Our democracy won't be safe until we have a written constitution, protecting our rights and rule of law."
Labour's shadow Brexit secretary Keir Starmer said: "Strong judgement from the court proves Boris Johnson has no regard for the law. Yet again he has been found out. The sooner we resume our work challenging and defeating him the better."
Liberal Democrat leader Jo Swinson said the decision by the Supreme Court confirms that Boris Johnson "isn't fit to be Prime Minister".
"He's misled Queen and country, and unlawfully silenced the people's representatives," she tweeted.
"I'm on my way to resume my duties in the Commons and stop Brexit altogether."
In a statement after the ruling, James Libson, executive partner at Mishcon de Reya, who represented Gina Miller, said: "We are glad that the court recognised the threat to the rule of law caused by a prorogation based on misleading advice given to the Queen.
"This second success for our client Gina Miller in the Supreme Court is a testament to her resolve to take whatever steps are required to ensure executive overreach does not become a feature of our democracy.
"This case shows that our courts can be relied on to hold the executive to account when necessary and is evidence of the robustness of our system of separations of powers."
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel