Latest: Boris Johnson could face day in court to explain reasons for suspending Parliament
Boris Johnson could face cross-examination at Scotland’s highest civil court to explain his reasons for suspending Parliament, according to a legal expert.
At the Court of Session in Edinburgh on Friday, opponents of the move made by the Prime Minister were denied an interim interdict to halt the prorogation of Parliament by judge Lord Doherty.
A full hearing has been scheduled at the court on Tuesday having been brought forward from next Friday after the judge ruled it would be “in the interest of justice that it proceeds sooner rather than later”.
A legal challenge aimed at stopping Boris Johnson’s suspension of Parliament has been denied an interim interdict at the Court of Session in Edinburgh.
A cross-party group of MPs and peers filed a petition at Scotland’s highest civil court earlier this summer aiming to stop the Prime Minister being able to prorogue Parliament.
They called for an interim interdict on Thursday to halt prorogation until a final decision has been made on the case.
On Friday, Judge Lord Doherty dismissed the action ahead of a full hearing originally set for September 6
Judge Lord Doherty said: “I’m not satisfied that it has been demonstrated that there’s a need for an interim suspension or an interim interdict to be granted at this stage.
A substantive hearing is set to place for Friday September 6, before the first possible date parliament could be prorogued.
The Scottish Government said it noted the court’s decision.
A spokesman said: “We will continue to monitor this case, and to press for Scotland and the UK to remain in the European Union.
“The Scottish Government will be bringing a debate to the Scottish Parliament next week calling for a no-deal Brexit to be ruled out under all circumstances.”
Cabinet secretary for constitutional relations Michael Russell said: “I pay tribute to the MPs and peers, led by parliamentarians from Scotland, who brought this action to assert their right to hold the UK Government to account.
“The impact of leaving the EU, and particularly leaving without a deal, will be grave, profound and damaging.
Attempting to deprive the Westminster Parliament of the opportunity to scrutinise the UK Government’s plans, and preventing it from being able to legislate in respect of the UK Government’s plans, is undemocratic and unconstitutional.
“All MPs and all citizens, regardless of their position on leaving the EU, should be alarmed by the Prime Minister’s plan to avoid debate and prevent the legislative action necessary to avert a catastrophic no deal exit.”
Meanwhile, Former British Prime Minister Gordon Brown said today that Boris Johnson is “tearing the country apart” with no plan to bring people together again.
Boris Johnson will temporarily close down the Commons from the second week of September until October 14 when there will be a Queen’s Speech to open a new session of Parliament.
Speaking on Wednesday Mr Johnson said it was “completely untrue” to suggest that Brexit was the reason for his decision, insisting that he needed a Queen’s Speech to set out a “very exciting agenda” of domestic policy.
The move would also allow him to bring forward legislation for a new Withdrawal Agreement if a deal can be done with Brussels around the time of the European Council summit on October 17.
He said: “There will be ample time on both sides of that crucial October 17 summit, ample time in Parliament for MPs to debate the EU, to debate Brexit, and all the other issues.&rdquo
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