The Supreme Court of the UK has beaten Boris Johnson’s plans for pushing a hard Brexit forward thanks to a Parliament prorogation.
I will remember here that Queen Elisabeth the 2nd agreed to supend the Parliament following the PM’s advise last 28th August. Since then they followed two judicial procedures against this decission, one before the Supreme Court of Scotchland an the one before UK Supreme Court solved today.
The UK Supreme Court considers Boris Johnson’s advise to Her Majesty on Parliament prorogation during five weeks unlawful and Her Majesty’s decisoon on the prorogation based on his advise null. As the Parliament hasn’t been prorogated, therefore both Mr Speakers that in the House of Commons and that in charge of The House of Lords can simply call MPs to the next session.
“Boris Johnson’s unlawful attempt to shut down parliament has been overturned and we’ll be back in the House of Commons tomorrow”, Jeremy Corbyn (Leader of the Labour Party) wroth just some hours ago on a tweet.
Given that once an another the House of Commons has voted against an exit from the EU with no agreement, the risk of a hard Brexit seems to fade away again. Further when the EU Parliament has approved last week a motion to give UK a new term for exiting the Union under certain conditions.
Jeremy Corbyn demands PM’s resignation and the call for general elections
Shortlu after the UK Supreme Court published their judgement deciding that Parliament’s prorogation is null, the leader of the labour Party, Boris Johnson, demanded this morning both in a tweet and before the Labour Conference Boris Jonson’s resignation.
“The Prime Minister, Boris Johnson, should resign, he wrote and attached a video including his speech before Labour’s Conference: “The Supreme Court has just announced its decission. And it shows that the Prime Minister has acted wrongly in shutting down Parliament. It demonstrates a contempt for democracy and an abuse of power by him. The Supreme Court therefore passes the batom to the Speaker to recall Parliament. I will be in touch immediately to demand the parliament is recalled sothat we can question thet the Prime Minister, demand that he obeys the law that’s been passed by Parliament and recognise that our Parliament is elected by our people to hold our Government to account. A labour Government would want to be held to account. We wouldn’t bypass democracy.
And I invite Boris Johnson to consider his position. And become the shortest-serving Prime M inister there’s ever been. So, obey the law, take no Deal off the table, and have an election to elect government that respects democracy, that respect the rule of law and brings power back to the people, not usurps it in the way that Boris Johnson has done.
Currently in New York to take part at the UN General Assembly, Johnson has tweeted or declared nothing on the UK Supreme Court decisison against UK Parliament’s prorogation.
49% of britons to 30% support the Supreme Court ruling and 43% to 39% think Johnson should resign
Following the data published by YouGov today 49% of british citizens think that the Prime Minister should resign. Even a 22% of the voters of the Conservative Party and a 22% of those who voted for brexit think that Boris Johnson should kleave the PM position.
Britons are more or less in the same way divided when they are asked if they agree with the Supreme Court ruling on the Parliament prorogation. A 49% of brittons support the Supreme Court decission while a 30% do not agree with it. Even a 225 of Conservative voters and a 22% of exit voters think that UK Supreme Court is right.
Despite a 43% of respondents said Boris Johnson should resign, Britain Elects data show the Conservative Party is still ahead the Labour Party in vote intention among britons if there were a call for general elections.
Further, new data from ComRes, commissioned by Britain Elects show that 28% of Labour Leave voters told ComRes they’d be more likely to vote Conservative in their constituency if Nigel Farage recommended they do so “in order to deliver a Brexit supporting MP”. 56% of Leave voters in Wales and the East Midlands are also of this opinion.
Tory and Brexit Party supporters would support a pact between the two parties. Two thirds of those intending to vote Conservative (63%) and four in five intending to vote Brexit Party (79%) think that a pact should exist between the two parties.
The Benn-Burt Bill still at the House of Lords allows no deal Brexit but just with the Parliament’s approval
The House of Commons passed on 4th September the European Union (Withdrawal) (No. 6) Bill (known as the Benn-Burt Bill).
Much more than another Art. 50 extension, the Benn-Burt Bill includes some central add ons to the European Union (Withdrawal) Act 2019 (also known as the Cupert-Lewin Bill), which was passed by the Parliament during May’s tenure as PM.
Among the differences between both Bills the Benn Burt opens the door for a no deal Brexit, but just with the approval of the Parliament.
Following the terms of the latest extension agreed with the EU, should UK Government not seek for a new extension of the Article 50 before next 31st, Britain is due to leave the EU by that date with or without an exit agreement.
Already completed all the estages for approval in the House of Commons, the Ben Burt Bill is in the House of Lords. The House of Lords is a self-regulating chamber, meaning that the ability to restrict time for debate, or the length of Peers’ speeches, is limited.
The Cooper-Letwin Bill took up two days of debate in the House of Lords even though the Bill’s promoters had originally hoped to complete all stages in one day.
If the House of Lords amends the Bill in any way (for example, to clarify the drafting, or to change the approach of the Bill) it will have to return to the House of Commons and then it will return to the House of Lords for ‘ping pong’. The project can only receive Royal Assent, and become Law, once both Houses have agreed the final text.
A deep reflection on the role to be played by Government and the Parliament in the democracy kingdom
The Supreme Court’s judgement issued unanimously today is crystal clear and specially hard against Boris Jonson’s unlawful attempt to avoid UK Parliament’s control on his negotiations and decisions on the Brexit prodedure:”…is more than simply the leader of the Government seeking to promote its own policies; he has a constitutional responsibility, as we have explained in para 30 above”…”It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason – let alone a good reason – to advise Her Majesty to prorogue Parliament for five weeks, from 9th or 12th September until 14th October.
We cannot speculate, in the absence of further evidence, upon what such reasons might have been. It follows that the decision was unlawful.”
“…. It follows that Parliament has not been prorogued and that this court should make declarations to that effect. We have been told by counsel for the Prime Minister that he will “take all necessary steps to comply with the terms of any declaration made by the court” and we expect him to do so. However, it appears to us that, as Parliament is not prorogued, it is for Parliament to decide what to do next,” continues UK Supreme Court ruling.
“…A fundamental change was due to take place in the Constitution of the United Kingdom on 31st October 2019. Whether or not this is a good thing is not for this or any other court to judge. The people have decided that.
But that Parliament, and in particular the House of Commons as the democratically elected representatives of the people, has a right to have a voice in how that change comes about is indisputable. And the House of Commons has already demonstrated, by its motions against leaving without an agreement and by the European Union (Withdrawal) (No 2) Act 2019, that it does not support the Prime Minister on the critical issue for his Government at this time and that it is especially important that he be ready to face the House of Commons.”
Image over the headline.- UK Supreme Court in London.© UK Supreme Court.
Related external links:
UK Supreme Court Ruling on Johnson’s bahavior and prorogation of Parliament
Jeremy Corbyn tweet 1 on 24th September
Jeremy Corbyn tweet 2 on 24th September
@YouGov poll asking britons if boris Johnson should resign
Related Eastwind links:
Brexit.- Corbyn confirms plans to put down a motion of confidence in Boris Johnson
