Tag Archives: prorogation

Prorogation: Has Johnson even bothered to ask the Queen if she’ll allow it?

It’s “duper’s delight” yet again: It seems Boris Johnson thinks he can fool the Queen into giving him a free Party Election Broadcast. Wouldn’t she rather get her reserve powers out and sack him, instead?

Boris Johnson is planning to prorogue Parliament again next week, according to the political correspondents on the mainstream news. But they’ve been very quiet about whether the Queen will let him.

I made the point a couple of days ago that he brought exactly no new policies to the Conservative conference, yet now he is saying he wants to shut down Parliament for a further three debating days – on top of the 10 or more that were lost in the illegal prorogation – and re-open it with a Queen’s Speech detailing a new legislative programme. Is he delusional?

Private Eye certainly seems to believe Her Majesty is likely to cast a jaundiced eye over any future proposals from the man we call BoJob.

According to Beastrabban, “The magazine’s ‘Court Circular’ … covers the fall-out from Lady Hale’s judgement, including the Queen’s immense displeasure at hearing that the judges concluded that sovereignty lay with parliament and the orders written in her own hand were absolutely valueless. But she is also angry with Dictator J. Peasemold Johnson for not defending her in this fiasco. The mag’s correspondent, ‘Flunkey’, writes

“Johnson’s phone call with Brenda later on Judgment Day was similarly perplexing. He had part-blustered, part-charmed Brenda into believing his vision of a prorogational paradise and presented her with legal opinions to back up his case. But lawyers can be found to argue that black is white if someone is paying them to. Brenda bowed to Johnson’s demands because she had no choice. But it is the job of prime ministers to protect a monarch who has no voice, and that is what Johnson failed to do. Worse, he didn’t even try very hard. The palace had assumed that Johnson’s phone call, with officials listening in on both sides, would consist of an apology and a request that she return to London to accept his resignation. But no. Despite briefings to the contrary from Downing Street, Johnson merely told her he “deeply and sincerely” regretted the supreme court’s decision… and that was it.

“Things look set to change now that the Supremes have sung. The palace will not indulge Johnson so readily in future. A normal state opening of parliament this month has been almost impossible: what if Lady Hale and her colleagues were to conclude that the Queen’s Speech, too, was written in invisible ink? Private audiences between Brenda and Johnson may become not so private, with suggestions they should be recorded in some form and stored in the archives just in case. And it is possible that a very reluctant Brenda might be talked into using her untested reserve powers to act in a crisis by dissolving parliament or sacking the prime minister.”

And then there’s this, from The Independent: If a Queen’s Speech is made within weeks of an expected general election, will it not assume the characteristics of a Party Political Broadcast for the Johnson government?

After the prorogation fiasco, Her Majesty is unlikely to take kindly to that!

The article states: “Boris Johnson will be using the Queen ‘to make a Conservative Party political broadcast’ if he launches a new session of parliament just weeks before a general election, a constitutional expert is warning.

“The prime minister is being urged not to ‘further abuse her position’ – after the embarrassment of the Queen’s signature being used to shut down parliament before being declared unlawful by the Supreme Court.

“Mr Johnson’s new plan is to prorogue parliament for just a few days, to allow a Queen’s Speech on 14 October when the monarch will set out his flagship domestic legislation amid huge pomp and ceremony.”

It quotes Professor Robert Hazell of the constitution unit at University College London as follows: “The Queen’s Speech will be not so much the government announcing the legislative programme for the next session, but more of an election manifesto.

“The Queen will have been used to make a Conservative Party political broadcast.

“It would bring more embarrassment to the Queen, dragging her again into political controversy.

“Boris Johnson has already caused the greatest constitutional controversy of her reign; he should not further abuse her position.”

He added something that the rest of us have suspected for some time: “This would be the first Queen’s Speech when the government had no real intention of introducing the bills it had just announced, because it hoped that, within weeks, parliament would be dissolved for an early election.”

So those funding promises on the NHS and all the other services BoJob and his cronies promised to boost really were examples of “duper’s delight” and they had no intention of fulfilling them.

Put it all together and, if I were in the Monarch’s position, I would be very nervous about agreeing to anything this man wants. He has proved himself to be uninterested in preserving the reputation of any of the UK’s constitutional pillars – and there is also a suggestion that his real purpose may be to make money for a shady group of backers at the expense of the entire nation.

Will the Queen really allow herself to be brought down by the antics of this liar?

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Johnson has a new prorogation plan – despite having no new policies to reveal

This should be a shot of Boris Johnson apologising abjectly, but it’s actually the moment the Queen appointed him as prime minister. The only person who doesn’t regret that act now is probably BoJob.

This has to be a transparent bid to stop Parliament from discussing the latest attempt at a Brexit deal, right?

Either that or we’ve drifted into a time warp and are being forced to relive the same events again and again, with only minor differences, until someone finds a way to break the sequence…

I mean, Boris Johnson has no new policies at all – otherwise he would have announced them during the Conservative conference, and he didn’t.

But he still means to shut Parliament down all over again on October 8, in order to re-open it on October 14 with a Queen’s Speech.

What will it be written on – the back of a fag packet?

The big question is whether the Queen will accept a second attempt to gag our democratically-elected representatives.

We’re told she has sought advice on the mechanism that enables a monarch to sack a prime minister, and it seems Mr Johnson is daring her to do it.

So let’s cut this down to the bare essentials.

Mr Johnson has been fashioning a rude argument that Brexit is a confrontation: “The people v Parliament”.

In fact we know he is lying – he actually means it is Boris Johnson v Parliament.

But now it seems he is making it Boris Johnson v The Queen. Who’ll win, do you think?

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The preposterous Geoffrey Cox: his ranting exposed the hidden reasons for shutting down Parliament

Geoffrey Cox: Arrogant blowhard.

Attorney General Geoffrey Cox was brought to the House of Commons to answer questions about the Supreme Court’s decision that his advice on the prorogation of Parliament was entirely wrong.

But he seems to have spent much of his time at the Dispatch Box ranting about Brexit and challenging the Opposition parties to support a general election – just to get him and his boss Boris Johnson off the hook.

Why would anybody want to do that?

He started by saying that the government accepts the judgement of the Supreme Court that Parliament should not have been prorogued without any reason – and certainly without any good reason. He claimed the government acted in good faith and in the belief that their approach was both lawful and constitutional.

He justified this claim by reminding MPs that “these are complex matters, on which senior and distinguished lawyers will disagree. The divisional court, led by the Lord Chief Justice, as well as Lord Doherty in the outer house of Scotland, agreed with the Government’s position, but we were disappointed that, in the end, the Supreme Court took a different view. Of course, we respect its judgement.”

But he did not rule out the possibility that the Boris Johnson administration would try to prorogue Parliament again.

It was when Rory Stewart asserted that the Supreme Court had made a “profoundly conservative” decision to support the sovereignty of Parliament, and that it was for the Commons – “the only directly elected representatives of the people” – to determine the form in which Brexit takes place that Mr Cox lost his rag.

“This Parliament has declined three times to pass a withdrawal Act to which the Opposition had absolutely no objection,” he said. “We now have a wide number in this House setting their face against leaving at all. When this Government draw the only logical inference from that position, which is that we must leave therefore without any deal at all, they still set their face, denying the electorate the chance of having their say in how this matter should be resolved.”

Of course this is not true, and as a lawyer Mr Cox must have seen the falsehood in his argument.

If MPs were against leaving the EU at all, then it is not logical to infer that the UK must leave without a withdrawal agreement – in other words, on the worst possible terms.

Still, we may welcome the admission that Boris Johnson’s government is working to achieve a “no deal” Brexit – and has been working towards it since before it tried to prorogue Parliament.

And Mr Cox must also know that Labour policy is to give the electorate a chance to decide whether to support a future withdrawal agreement or remain in the EU, in a future referendum that the Conservatives have consistently refused to let voters have.

Then he launched into the rant that has become so well-repeated on TV and in the social media:

The simple fact is that the current UK Parliament isn’t dead at all; it has another three years to sit until its time is up.

Boris Johnson – thanks to people like Mr Cox – is in a mire entirely of his own making. Thanks to their joint mistakes, they are faced with a simple choice: achieve a Brexit deal by October 31 or, failing, beg the EU for another extension so they (or someone else) can achieve one in the future.

If they are forced into the latter option, then Jeremy Corbyn may support a general election – because the Conservatives will have shown the electorate that they are entirely unworthy of support.

Parliament is, therefore, performing exactly the role it is intended to carry out – holding the government to account.

The simple fact is that Mr Johnson and his cronies are now in a position where they cannot force the UK into leaving the EU on terms that benefit only themselves and their business partners; those terms must be transparent and they must have the support of MPs who have the well-being of their constituents at heart, rather than the possibility of boosting their own bank balances by selling off vital services like the NHS to Donald Trump’s United States (for example).

Journalist Paul Mason drew the obvious conclusion:

Exactly. From this we may also infer that the intention has always been to silence your elected representatives until the “no deal” Brexit – that Mr Cox has admitted the government wants – had been achieved. Then Mr Johnson wold have called an election in the belief that voters would support the prime minister who had actually managed to take the UK out of the EU, no matter what form that departure took.

An immediate election would also be advantageous to him in that it would deprive voters of the chance to experience the consequences of Mr Johnson’s “no deal” Brexit before making their choice.

Now, stuck between a rock and a hard place, Mr Johnson and his ministers – including Mr Cox – can only rail at the other MPs who are forcing them to do what the nation requires, falsely accusing the Opposition parties of cowardice in refusing to approve a general election while a “no deal” Brexit is still achievable.

All things considered, we have many reasons to be grateful to Mr Cox; he has given the game away and no member of the government can now deny that it has been caught, disgracefully trying to silence democracy.

But the manner in which the Attorney-General put his case was arrogant and provocative. No wonder Labour’s Barry Shearman was infuriated:

Dr Jennifer Cassidy tweeted: “If you watch anything today, watch this. Barry Shearman, usually a calm figure speaks with the fury, frustration and anger that millions of us feel.”

Oh – and there’s one more pearl from Mr Cox’s appearance before Parliament: He said the 2016 EU referendum is not binding on the government; there is no need to go through with Brexit at all.

Here’s what he said: “The law in relation to the referendum is that it was not binding upon this Parliament. It was binding in every moral sense upon those who promised the British people that it would be implemented, but it was not binding as a matter of law.”

Yes.

This is welcome as it will shut down, once and for all, the argument that has raged about it ever since the result became known.

So, ultimately, this arrogant blowhard has done us all a great service.

He has admitted that Boris Johnson has spent his entire period as prime minister trying to dodge democracy, in a bid to force a “no deal” Brexit with its unwanted consequences onto the public, based on the result of a plebiscite that has no legal binding whatsoever.

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Demand for Johnson to resign after Supreme Court’s prorogation ruling. But will he?

Boris Johnson: One may imagine that his face had a similar expression after he was woken up to be told the Supreme Court’s decision.

This morning, Boris Johnson was being urged to resign for giving public money and a place on trade junkets to a personal friend. Now he’s facing a much more serious charge.

Here’s Jeremy Corbyn:

It’s not an idle demand.

Boris Johnson has tried to overrule Parliamentary democracy, and he has manipulated the Queen in order to do so.

The only proper course of action for him now is to come back from the UN with his tail between his legs and offer the Queen his resignation.

But you can bet he won’t do that willingly.

In less than two months, he has made himself the worst prime minister the UK has ever had. The government falls further into disgrace with every day he remains in position.

But it is what he has always wanted so, like a spoiled child, he’ll stay right where he is until someone forces him out.

Let us hope that happens sooner, rather than later.

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Prorogation of Parliament was wrong, Supreme Court judges rule – and Parliament may resume NOW

Judges at the Supreme Court have ruled that Boris Johnson’s five-week prorogation of Parliament was unlawful – he was legally wrong to do it and MPs must meet again at their earliest opportunity.

By unanimous judgement, all 11 Supreme Court judges overruled the High Court to say that the courts may rule on whether the prorogation was legal.

They said prorogation would be unlawful if it frustrated or prevented unreasonably the ability of Parliament to act as legislature and hold the Executive – the government – to account.

If it did, there was no need for the court to consider if the Prime Minister’s motive was unlawful.

Baroness Hale, president of the Supreme Court, said this was not a normal prorogation; it prevented Parliament from carrying out its role.

Parliament has a right to a voice in how Brexit comes about. No justification for taking action to stop Parliament from doing so has been brought forth.

The court is bound to conclude, therefore, that the decision to prorogue Parliament was unlawful, void and of no effect because it stopped Parliament from carrying out its constitutional functions without justification.

The prorogation is also void and of no effect.

Parliament has not been prorogued and it is for Parliament to decide what to do next, including meeting as soon as possible.

The Prime Minister need not take any further action in this matter.

This is an enormous defeat for Boris Johnson. He has wasted Parliament’s time since September 9 and MPs will certainly have something to say about it when they reconvene – in the very near future.

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Why the Supreme Court must support Scottish judges against the end of democracy

Consider this:

If the executive can suspend parliament whenever it likes, for purely political reasons (it doesn’t like what parliament is doing), then the executive have the power to end our parliamentary democracy.
First it is for a few weeks, and then it is for a few years.
It is simply nonsense to say that this is a political matter, because politics has been shut down.
Parliament cannot even vote no confidence in the Executive because parliament has been suspended.
The argument that the law should not get involved in political matters does not wash on this occasion.

That’s the view of Oxford Emeritus Professor Simon Wren-Lewis, who wants to see the Supreme Court support the Scottish court in ruling Boris Johnson’s prorogation of Parliament unlawful.

He believes Boris Johnson has shut down parliament for his own political reasons, and the only institution that can stop it – and stop a Prime Minister doing it in the future – is the UK’s legal system.

He says it is clear that Parliament was shut down for political reasons because shutting down parliament for five weeks is not necessary before a Queen’s Speech.

And the excuse that Parliament normally suspends itself for the party conference season isn’t good because Parliament was thinking of not doing so because of the gravity of the current situation, and also it was suspended well before that season.

It’s a clear argument that makes mincemeat out of Dictator Johnson’s claims. But will the Supreme Court accept it?

Source: mainly macro: Why the Supreme Court must protect our constitution

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Northern Irish judges rule Boris Johnson prorogation won’t harm the peace process

Was anybody expecting an earth-shattering turnabout as a result of this ruling?

I wasn’t. Here’s what we know at the time of writing:

Judges in Belfast have ruled that Boris Johnson’s decision to suspend parliament for five weeks was lawful and would not damage the Northern Ireland peace process.

Lawyers for the applicants in Belfast argued that a no-deal Brexit on 31 October would undermine agreements involving the UK and Irish governments that were struck during the peace process and which underpin cross-border co-operation between the two nations.

Source: Northern Irish judges rule Boris Johnson prorogation is lawful | Politics | The Guardian

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Are we heading for the UK’s own ‘Watergate’-scale scandal over Brexit and prorogation?

Liar, liar: Did Boris Johnson look like this, in this now-infamous photo, because his pants were on fire?

Boris Johnson tells us that he did not lie to the Queen about his reasons for wanting Parliament prorogued. Do you believe this habitual liar?

I don’t.

I’m far more likely to believe Joanna Cherry MP, one of the 75 Parliamentarians who took the Tory government to court in Scotland over the decision to prorogue.

She thinks BoJob lied to our monarch, and she thinks that the government’s refusal to release communications on the subject by Downing Street aides – who were using their personal equipment to do so, is intended to hide the evidence. She says we could be heading for a scandal of Watergate-sized proportions.

And let’s be honest – the fact that the government is refusing to hand over the messages is extremely suspicious. If there was nothing incriminating on those devices, what’s the problem?

There is also a double-standard going on here.

Parliament has been prorogued because the Queen ordered it – on the advice of Mr Johnson, relayed by Jacob Rees-Mogg.

But it is also the Queen who ordered the release of information on these aides’ mobile devices – on the urging of a “humble address” to her by Parliament.

Boris Johnson’s government does not have the option to choose which of Her Majesty’s orders it chooses to obey. She wants the information out in the open so out is where it should be.

Looking at the government’s reasons for refusing the order – representatives like Michael Gove have said it is unreasonable to demand aides’ personal devices in order to see the messages on them.

But according to the law, aides are not permitted use their personal devices to discuss government business and the order was made because of concerns that this is exactly what they have been doing – in order to hide the facts from the public.

So the situation is clear: if these aides didn’t want us to see the contents of their mobile phones (or whatever devices they used), they should not have broken the law and used them. The evidence – the refusal to provide these devices – suggests that they did. They only way to vindicate themselves is to hand over the gear.

Otherwise we’re going to go forward – into a general election, as we understand it – in the belief that the leader of a party of government misled Queen and country for his own selfish reasons. That’s not a good platform on which to campaign.

I mean, nobody’s going to believe the word of a proven liar, are they?

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Now Johnson risks contempt of Parliament by refusing to release prorogation communications

Boris Johnson: If we had to judge a man by his gestures, this would give us an accurate understanding of his opinion of us.

Boris Johnson’s government is refusing to publish details of communications between Boris Johnson’s aides about the suspension of Parliament.

MPs voted for their release earlier this week, amid concerns that Mr Johnson misled the Queen to induce her to prorogue Parliament, and that the decision to call for prorogation was made earlier than he had claimed.

We already heard earlier today (September 11) that the prorogation was unlawful – although the Tory government is to challenge that ruling in the Supreme Court next week.

I mentioned reasons this was important in tweets earlier today (September 11):

This information came from Scottish solicitor Clive Wismayer, before you start thinking I’ve developed a rudimentary form of intelligence.

According to the BBC:

Cabinet minister Michael Gove said the information sought by MPs was “unreasonable and disproportionate”.

It would breach the rights of the nine advisers concerned, including Boris Johnson’s chief aide Dominic Cummings.

To do so, he added, would “contravene the law” and “offend against basic principles of fairness”.

But does it?

You see, when there’s a possibility that these people have been involved in a huge offence against democracy, one has to wonder whether these people are the ones trying to “contravene the law” and “offend against basic principles of fairness”.

In such circumstances, I’m not particularly bothered about breaching the rights of the nine advisers concerned, and I think it should be up to the courts to decide if the information sought was “unreasonable and disproportionate” – in the light of the information that their documents divulge.

The refusal to provide the information, in the face of Parliament’s expressed demand, seems the most suspicious act possible.

And as it is a direct refusal to honour the wishes of Parliament, it seems Boris Johnson is content to add contempt of Parliament to the six defeats heaped on him between the moment Parliament re-convened on September 3 and the moment it was unlawfully (as matters stand at the time of writing) prorogued.

He – and all his advisers – could be in serious trouble here.

Source: Parliament suspension: Government refuses to publish No 10 communications – BBC News

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Scottish judges rule prorogation unlawful. Is it a bit late for that now?

Appeal court judges in Scotland have ruled that Boris Johnson’s suspension of Parliament until mid-October is not legal.

The decision overturns a previous ruling that courts did not have the power to overturn Mr Johnson’s political decision to prorogue Parliament.

But they did not issue an injunction or interdict ordering Parliament to reconvene after the prorogation came into effect early on Tuesday morning (September 10).

Lord Carloway, Scotland’s most senior judge, said the Scottish tribunal was deferring a final decision on an interdict to the UK supreme court, which will hold a three-day hearing next week.

The UK government will appeal at the UK supreme court against the latest ruling, which also contradicts a decision in BoJob’s favour by senior English judges last week.

So it seems an appeal against the Scottish judges’ ruling that prorogation is unlawful will take place at the same time – September 17 – as an appeal against the UK judges’ ruling that it isn’t.

What if both appeals succeed?

And let’s not forget that another challenge is to be heard at a court in Belfast.

Meanwhile, as the courts go through their slow deliberations, Parliament remains unable to sit; unable to get on and deal with the important issues facing the UK.

I fear that the end result will be a decision that the prorogation was unlawful – delivered after it has ended.

What good will that be?

Source: Scottish judges rule PM’s suspension of parliament is unlawful | UK news | The Guardian

EXTRA: It seems the governent has not moved to have the effect of the Scottish court’s ruling delayed until after the Supreme Court in London delivers its decision on Tuesday (September 17).

This means that the prorogation is not currently in force and Parliament may meet again.

But will it?

It seems likely that soon-to-retire Speaker John Bercow may look kindly on the possibility.

But if the Tory government refuses to take part, won’t this only complicate matters even more?

And should that worry us – or should we embrace it as the possibility of even more embarrassment for Boris Johnson?

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

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