Blow to Boris Johnson as Choice to suspend parliament declared unlawful

Matt Hancock and Nicky Morgan have lobbied Boris Johnson to let rebel MPs back

Matt Hancock and Nicky Morgan have lobbied Boris Johnson to let rebel MPs back

And the PM was warned last night he will be expected to resign if he loses an appeal against the Scottish ruling next week in the Supreme Court.

Sources in No 10 were reported as having suggested that the MPs and peers who brought the legal challenge "chose the Scottish courts for a reason".

The court will accordingly make an order declaring that the Prime Minister's advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect. The Supreme Court is scheduled to hear another challenge to this prorogation following Tuesday.

"What I would say is that the more the courts get involved in politics, that is a detriment not only to politics but also to courts", he told the BBC's Andrew Neil Show.

The contentious prorogation before October 14 took place in the wee hours of Tuesday after criticism from House of Commons speaker John Bercow, amongst others.

The constitutional crisis facing the Prime Minister intensified when the Court of Session in Edinburgh ruled that the lengthy suspension was an "improper" attempt to prevent MPs from discussing Brexit.

Scotland's first minister, Nicola Sturgeon, called for Parliament to be "recalled immediately to allow the essential work of scrutiny to continue".

Shadow Brexit secretary Sir Keir said: "What Boris Johnson should do is to urgently recall Parliament".

Lord Carloway, Scotland's most senior judge, has said the advice given by the British government to Queen Elizabeth II concerning the prorogation of parliament was "unlawful".

The UK parliamentary rulebook Erskine May notes: "When Parliament stands prorogued to a certain day, the Queen may issue a proclamation, giving notice of her intention that Parliament shall meet for the dispatch of business on any day after the date of the proclamation; and Parliament then stands prorogued to that day, notwithstanding the previous prorogation".

She said any suggestion the judges in the Scottish court case were politically biased was "appalling".

She said:"The majority of MPs want to be in the House scrutinising and debating Brexit".

This is different to "dissolving" Parliament - where all MPs give up their seats to campaign in a general election.

Len McClusky, the leader of Unite, one of Britain's biggest trade unions, and one which gives financial support to Labour, has advised the United Kingdom prime minister not to visit Scotland as he may "face a citizen's arrest".

Manuel Cortes, head of the TSSA, called for Johnson to be arrested. "He's broken the law, is not fit to hold office and along with this disgraceful government must be held to account", he said.

"Over the summer we worked across parliament to build consensus for legislation to prevent no deal at the end of October". As of Monday, that is now law.

- What does it mean for the Brexit process?

"The legal advice is clear that the prime minister must abide by this".

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