JOHN MAJOR will warn today that democracy could be in danger if the government suspension is permitted – despite proroguing Parliament for three weeks himself in 1997.
David Cameron offers Brexit advice to Boris Johnson
The former Prime Minister will take on Boris Johnson for the third and final day of a historic hearing at the Supreme Court in London. A panel of 11 justices will hear submissions on behalf of Mr Major, the Welsh and Scottish governments and Northern Irish victims’ campaigner Raymond McCord. Mr Major will not address the court himself, but his lawyers will put forward his argument that the suspension was motivated by Mr Johnson’s “political interest” in closing down Parliament ahead of the UK’s planned exit from the European Union on October 31.
His lawyers will say that the effects of Parliament’s suspension “have already been and will be more acute and severe for the people of Northern Ireland”.
They said: “If that conclusion were correct, the consequence would be that there is nothing in law to prevent a prime minister from proroguing Parliament in any circumstances or for any reason.”
Lawyers representing the Welsh government will say Mr Johnson’s actions have “impeded” parliamentary sovereignty.
Holyrood’s legal team will submit the prorogation will have a “profoundly intrusive effect” on Parliament’s ability to scrutinise the executive branch of the Government.
John Major will have his say in court against Boris Johnson's prorogation plan
Gina Miller is battling against the government's suspension of parliament
Mr McCord, whose son was murdered by loyalist paramilitaries in 1997, brought separate legal proceedings in Belfast arguing that a no deal Brexit would damage the Northern Ireland peace process.
His lawyers will tell the Supreme Court judges that the effects of Parliament’s suspension “have already been and will be more acute and severe for the people of Northern Ireland”.
The court has also received written submissions from shadow attorney general Baroness Chakrabarti.
The justices are hearing appeals arising from earlier rulings in which leading judges reached different conclusions.
Today is the third and final day of a historic hearing at the Supreme Court
At the High Court in London, the Lord Chief Justice Lord Burnett and two other judges rejected a challenge against the Prime Minister’s prorogation move by Mrs Miller.
But in Scotland, a cross-party group of MPs and peers won a ruling from the Inner House of the Court of Session that Mr Johnson’s prorogation decision was unlawful because it was “motivated by the improper purpose of stymieing Parliament”.
Mrs Miller is appealing against the decision of the High Court, asking the Supreme Court to find that the judges who heard her judicial review action “erred in law” in the findings they reached.
Her barrister, Lord Pannick QC, told the court on Tuesday that Mr Johnson’s motive for an “exceptionally long” prorogation was to “silence” Parliament, and that his decision was an “unlawful abuse of power”.
The Prime Minister was granted permission to suspend parliament by the Queen
James Eadie QC argued on the Prime Minister’s behalf on Wednesday that the suggestion the prorogation was intended to “stymie” Parliament ahead of Brexit is “untenable”.
The justices are also being asked by the Westminster Government to allow an appeal against the decision in Scotland.
The Prime Minister advised the Queen on August 28 to prorogue Parliament for five weeks and it was suspended on September 9.
Mr Johnson says the five-week suspension is to allow the Government to set out a new legislative agenda in a Queen’s Speech when MPs return to Parliament on October 14.
Mr Johnson says the five-week suspension is to allow the Government to set out a new agenda
But those who brought the legal challenges argue the prorogation is designed to prevent parliamentary scrutiny of the UK’s impending exit from the EU on October 31.
It is not known when the court is expected to give its ruling.
During a brief discussion on Wednesday about what order the court should make in the event it concludes the prorogation was unlawful, Lord Reed said the issue could be a “very difficult question” for the judges.