
Boris Johnson could refuse to recall parliament even if Supreme Court rules suspension unlawful, government lawyers say
The IndependentSign up for the View from Westminster email for expert analysis straight to your inbox Get our free View from Westminster email Get our free View from Westminster email SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy Boris Johnson could refuse to recall parliament even if the Supreme Court rules that his decision to suspend it was unlawful, the government has said. Asked whether the government was suggesting that the prorogation order would still be “legally effective” even if Mr Johnson’s advice leading to it was deemed to be unlawful, Lord Keen replied: “Yes. He said: “We would expect, in the light of a declaration, that the prime minister will ensure that parliament resumes as soon as possible next week.” He asked the court to rule that the next step in such a situation should be for “parliament urgently to meet so that parliament can decide what happens next.” If the government refuses, he said, then the Speaker and Lord Speaker could “take action to ensure that parliament reopens as soon as possible next week”. Claiming that Mr Johnson’s advice to the Queen was “improper” because it had the motive and consequence of undermining parliament’s ability to hold the government to account, Lord Pannick asked the court: “Why was it appropriate to prorogue for five weeks – longer, as the court knows, than on any occasion in the past 40 years?” Prime Minister’s motive for prorogation was to silence Parliament, court hears The Court had earlier heard evidence on behalf of Sir John Major, the former prime minister.
History of this topic

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