Scottish judge rejects legal bid to force Boris Johnson to scrap Parliament shutdown
3 min read
A Scottish judge has thrown out a legal bid to immediately block Boris Johnson's decision to suspend Parliament.
At the Court of Session in Edinburgh, Lord Doherty said he had not been convinced by the arguments put forward by more than 70 MPs opposed to the move.
Lawyers acting on their behalf had been seeking an "interim interdict" blocking the shutdown straight away.
A full hearing will now take place at the court next week, just days before the prorogation of Parliament is due to begin.
Issuing his ruling on Friday, the judge said: "I’m not satisfied that it has been demonstrated that there’s a need for an interim suspension or an interim interdict to be granted at this stage.
"I’m going to move the substantive hearing forward to Tuesday. Weighing consideration in the balance, it’s in the interest of justice that it proceeds sooner rather than later."
The Prime Minister sparked a furious backlash after asking the Queen to authorise the five-week prorogation from the middle of next month.
Mr Johnson said the move was necessary so the Government's legislative plans can be set out in a Queen's Speech on 14 October.
But his opponents say it is actually intended to prevent MPs from introducing legislation to prevent the UK leaving the EU without a deal two weeks later.
In the Court of Session on Thursday, Aidan O'Neill QC, acting on behalf of Mr Johnson's opponents, said the PM had acted illegally by asking the Queen to authorise the prorogation.
He said: "We have a constitution ruled by law. That is what a constitutional monarchy means. It is not some form of autocracy or divine right or that ‘the king can do no wrong’."
But Roddy Dunlop QC, on behalf of the Government, insisted the Prime Minister was well within his rights to seek prorogation, and that under the UK constitution, the Queen had to allow the request.
Speaking after Lord Doherty's ruling, Edinburgh South MP Ian Murray - one of those who brought the court action - said: "This verdict means a full hearing has been fast-tracked to next week, which is now the most important week in modern British history.
"It is disappointing that we have to go to the courts to protect British democracy, but Boris Johnson’s attempt to silence the people’s representatives cannot go unchallenged.
"As well as this legal battle in the Court of Session, the campaign against a no-deal Brexit will also take place in the House of Commons.
"We must work tirelessly, across all parties and none, to fight against the devastation of a no-deal Brexit, fight for our democracy, and fight for the people to have a final say on Brexit."
A Government spokesperson said: “As we have set out, the Government needs to bring forward a strong domestic legislative agenda, and MPs are not prevented from scrutinising our withdrawal from the EU.
“We are glad the Court found against the interdict - there was no good reason to seek one, given the full hearing is due to take place next week, and the process of bringing the session to an end will not start until the w/c 9 September.”
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