Summary

  • The Supreme Court has heard three days of argument over whether Boris Johnson acted lawfully in suspending Parliament

  • A decision from the court is due “early next week”

  • The judges have heard two appeals: one by campaigner Gina Miller's team and one by the government, contesting a Scottish court ruling that the decision was unlawful

  • The government says prorogation is not a matter for the courts

  • Ex-PM Sir John Major argued Parliament was suspended to stop MPs interfering with Brexit

  • A written government submission to the court suggests it could seek another prorogation if it loses the case

  1. No reason to prorogue Parliament for five critical weeks - Lord Garnierpublished at 12:17 British Summer Time 19 September 2019

    Lord Garnier QC is now setting out the arguments made in Sir John Major's submissions.

    He says it argues there is no reason for proroguing Parliament for five weeks, "let alone five critical weeks in a period in which time is of the essence".

    Lord Garnier says Sir John Major also identifies evidence that the decision to prorogue was "motivated by a desire to prevent Parliament interfering with the prime minister's policies during that period".

  2. Sir John Major's lawyer begins submissionpublished at 12:12 British Summer Time 19 September 2019

    Mr Fordham has finished his submission to the court.

    Next up: an oral intervention by Lord Garnier QC, speaking on behalf of former Conservative prime minister Sir John Major.

    Lord Garnier
    Image caption,

    Lord Garnier

  3. Government: PM 'might prorogue parliament again'published at 12:11 British Summer Time 19 September 2019

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  4. UK shares Brexit 'ideas' with EUpublished at 12:00 British Summer Time 19 September 2019

    UK and EU flags outside ParliamentImage source, PA Media

    Meanwhile, the UK government says it has shared its Brexit ideas with the EU.

    It said these ideas had been reflected in a "series of confidential technical non-papers".

    But Downing Street says it will submit formal written solutions "when we are ready" rather than meeting an "artificial deadline".

    A spokeswoman said it followed "detailed discussions with the commission's taskforce" in recent weeks.

    "We have now shared in written form a series of confidential technical non-papers which reflect the ideas the UK has been putting forward.

    The EU confirmed it had received the documents and added that "technical discussions... on some aspects of customs, manufactured goods and sanitary and phytosanitary rules" would take place today and tomorrow.

    The EU's chief negotiatior, Michel Barnier, is set to meet Brexit Secretary Steve Barclay on Friday.

    Read the full story here,

  5. Fordham 'uber-geek' on judicial reviewspublished at 11:54 British Summer Time 19 September 2019

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  6. Mr Fordham refers to government written submissionpublished at 11:47 British Summer Time 19 September 2019

    Mike Fordham QC has been referring to the government's written submission to the Supreme Court on what it should order the prime minsiter to do, were it to rule against Boris Johnson - but this has not been made public.

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  7. What to expect from Counsel General submissionpublished at 11:47 British Summer Time 19 September 2019

    In his written submissions, Mr Fordham QC told the justices that PM's decision to prorogue parliament for up to almost five weeks had "consciously and purposely impeded the constitutional principle of parliamentary sovereignty".

    He said Boris Johnson's decision had "impeded the ability of the National Assembly for Wales to engage in dialogue with the Westminster Parliament" at an important time, with the UK considering how it would leave the EU.

  8. Welsh government's chief legal adviser beginspublished at 11:40 British Summer Time 19 September 2019

    Mr Lavery has finished his submission to the court.

    Next up is an oral Intervention by Counsel General for Wales, Mike Fordham QC - the Welsh government's chief legal adviser.

    Mike Fordham QC
  9. Lavery gets 'huge telling off' from judgespublished at 11:34 British Summer Time 19 September 2019

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  10. Mr Lavery finding it 'tough going'published at 11:32 British Summer Time 19 September 2019

    Dominic Casciani
    Home Affairs Correspondent

    Mr Lavery finding it tough going with some justices, in particular Lord Reed.

    He's asked whether prorogation has a really specific impact on Northern Ireland that opens up a legal question they need to grapple with - or whether the submissions are merely a complaint about Brexit.

  11. UK government will abide by the law - Brexit secretarypublished at 11:31 British Summer Time 19 September 2019

    Stephen Barclay in MadridImage source, AFP/Getty Images

    Brexit Secretary Stephen Barclay has been addressing business people and members of the press in Madrid, where he is meeting European counterparts.

    Asked about the Supreme Court case he says:

    "The UK government will abide by the law. The ministerial code requires ministers, including myself, to abide by the law and of course we will abide by the law.

    "That is not to say we will look at it closely and test exactly where we are, but the best way to address this is through a deal."

  12. More discussion of what is and isn't relevantpublished at 11:29 British Summer Time 19 September 2019

    Mr Lavery says the Yellowhammer report shows that "calamity" will befall Northern Ireland in the wake of a no-deal Brexit,

    But one of the judges says the effects of how the UK leaves the EU are "completely irrelevant to the legal questions" they are faced with in the case.

    Mr Lavery argues that the "context" of Brexit is important to justiciability - which is whether prorogation is a matter for the courts, or a political matter.

    And he says Parliament will not be able to prevent potential difficulties outlined by the Yellowhammer report if it's not sitting.

  13. Why did Lavery mention the bus chief?published at 11:26 British Summer Time 19 September 2019

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  14. NI can't appoint bus chief due to prorogation - Laverypublished at 11:19 British Summer Time 19 September 2019

    Mr Lavery tells the court the impact of prorogation is not just the loss of parliamentary scrutiny but, at a Northern Ireland level, nobody can be appointed to run public buses.

  15. We are not concerned with implications of Brexit - Lady Halepublished at 11:15 British Summer Time 19 September 2019

    However, Lady Hale says the court is not concerned with Brexit and its implications but with the lawfulness of the decision to prorogue Parliament for five weeks.

  16. Lavery: Judges should intervene if prorogation 'runing down the clock'published at 11:14 British Summer Time 19 September 2019

    Mr Lavery says the judges should intervene if they consider prorogation was designed to "run down the clock" towards a no-deal Brexit.

  17. EU is a peace project - Laverypublished at 11:13 British Summer Time 19 September 2019

    Mr Lavery, representing Northern Ireland victims' campaigner Raymond McCord, says it is important to understand the role of the EU as a "peace project".

    It's enabled close co-operation between the UK and the Republic of Ireland, he says.

    He is urging the court to look at this legal question in the way it impacts Northern Ireland in particular.

  18. Government written submission not publishedpublished at 11:11 British Summer Time 19 September 2019

    Dominic Casciani
    Home Affairs Correspondent

    The government has made written submissions to the Supreme Court on what it should order the prime minister to do, were it to rule against Boris Johnson,

    This is critical to understanding how and when Parliament can return.

    But we can’t tell you what it says – it’s not been disclosed.

    The Attorney General’s Office has told the media that it is not being published unless we force it to be released by order of the court.

  19. Who is Raymond McCord?published at 11:10 British Summer Time 19 September 2019

    Raymond McCord's 22-year-old son Raymond junior, was murdered by the UVF in Belfast in 1997.

    No one has ever been convicted of the former RAF man's murder.

    Mr McCord brought separate proceedings in Belfast, arguing that a no-deal Brexit would damage the Northern Ireland peace process