UK Supreme Court rules parliament suspension unlawful

Prime Minister Boris Johnson's advice to the Queen that parliament should be suspended for five weeks was ruled unlawful by the UK Supreme Court in a unanimous decision with MPs set to reconvene on Wednesday morning.

In a verdict on Tuesday that dealt a severe blow to Johnson's authority, the court quashed the order issued by the Queen to suspend, or prorogue, parliament - effectively restarting the current sitting.

House of Commons Speaker John Bercow welcomed the judgement and said parliament would convene on Wednesday at 1130 BST.

Ministers had argued the matter was not an issue for the courts, but critics said Johnson had imposed it to stop his plans to force through a no-deal Brexit being scrutinised by MPs. Speaking from New York, where he was attending a UN General Assembly session, the prime minister said he disagreed with the decision, insisting he had followed standard procedure.

"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," he said in television interviews.

"I don’t think this was the right decision, I think that the prorogation has been used for centuries without this kind of challenge."

The beleaguered leader was expected to return to the UK early for parliament's resumption.

SUSPENSION HAD 'EXTREME' EFFECT ON DEMOCRACY

Court president Lady Hale said the impact of Johnson's behaviour "on the fundamentals of our democracy was extreme" and the 11 judges had declared it "null and of no effect".

"Parliament, and in particular the House of Commons as the elected representatives of the people, has a right to a voice in how that change comes about," she said in her summary. "No justification for taking action with such an extreme effect has been put before the court."

"The court is bound to conclude, therefore, that the decision to advise Her Majesty to prorogue parliament was unlawful because it had the effect of frustrating or preventing the ability of parliament to carry out its constitutional functions without reasonable justification."

"This court has already concluded that the Prime Minister’s advice to Her Majesty was unlawful, void and of no effect. This means that the Order in Council to which it led was also unlawful, void and of no effect and should be quashed. The prorogation was also void and of no effect. Parliament has not been prorogued. This is the unanimous judgment of all 11 Justices."

The government had said it will "abide by the ruling" of court. Parliament is due to return on October 14, just two weeks before the UK's scheduled EU departure date of October 31.

BERCOW DEMANDS RESUMPTION

Bercow said said the judges had "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".

Johnson controversially introduced the suspension earlier this month, claiming it was normal practice for a new government to end a parliamentary session so it could introduce its new legislative programme.

The pound moved slightly higher in initial response to the government's defeat.

XTB chief market analyst David Cheetham said the decision had stopped "the setting of a dangerous precedent".

"Had the court ruled that the matter was not justiciable, then the prime minister may well have felt further emboldened to pursue unorthodox tactics to keep no-deal on the table and engage the UK in a game of high-risk brinkmanship," he said.

Markets.com analyst Neil Wilson said the court decision had delivered "a massive blow to Boris Johnson".

"It’s perhaps not fatal, but it’s not going to make life any easier and we are now faced with significant uncertainty of a different hue. I would simply suggest that the uncertainty is the norm now – we just have a different vector of uncertainty to contend with."

"We area heading for a General Election for certain that will decide matters, we hope. Quite what MPs think they can achieve in the next three weeks that they have not been able to do in the last 3+ years is beyond me. Like those old BT adverts used to tell us, it’s good to talk; and MPs love a good natter.”