PM’s prorogation of parliament ruled “unlawful” by Scottish court

On Wednesday September 11, three judges of the Inner House, the supreme civil court in Scotland, ruled Boris Johnson’s suspension of parliament unlawful.

At the beginning of August, Heidi Allen backed legal action to prevent the Prime Minister from suspending parliament, arguing that it is unlawful.

Last week, Judge Lord Doherty said that it was for politicians and not the courts to decide on the suspension of parliament. Today, the supreme civil court in Scotland disagreed with this ruling.

The Court of Session ruled that the prorogation of parliament from the 9th of September until the 14th of October was unlawful “because it has the purpose of stymying parliament.” All three First Division Judges unanimously concluded that the PM’s advice to Her Majesty the Queen was motivated by the “improper purpose of stymying parliament” they added “the Court will accordingly make an Order declaring the Prime Minister’s advice…and the prorogation which followed thereon was unlawful and is thus null and of no effect.”

One of three judges, Lord Brodie, said: “This was an egregious case of a clear failure to comply with generally accepted standards of behaviour of public authorities. It was to be inferred that the principal reasons for the prorogation were to prevent or impede parliament holding the executive to account and legislating with regard to Brexit, and to allow the executive to a pursue a policy of a no-deal Brexit without further Parliamentary interference.” 

The full ruling will be released on Friday.

Heidi has welcomed the news and expressed her views on twitter: