BORIS Johnson has demanded a general election to decide Brexit after the Supreme Court ruled his Parliament shutdown was unlawful.
MPs are due back in the House of Commons on Wednesday but Jeremy Corbyn has said the Labour Party won’t back a snap poll.
As the stunning judgement shocked Westminster today:
- The PM said he will not resign, despite the humiliating decision and demanded Corbyn back an election
- Donald Trump backed him to stay in post during one-on-one talks in New York
- Jeremy Corbyn, Jo Swinson and dozens of MPs demanded Boris quit and call an election
- Tory conference next week was thrown into doubt as MPs flooded back to Westminster
- Remainer Speaker John Bercow said he will open up Parliament again at 11.30am tomorrow
- Secret legal advice revealed that Boris was told that the shutdown WAS legal
- Ex-PM John Major demanded Boris apologise to Parliament
Mr Johnson is currently in New York for a UN summit and is expected to thrash out UK – US trade deal with Donald Trump.
Addressing whether the UK should go to the polls he said: “Jeremy Corbyn is talking out of the back of his neck and we should have an election.”
In his major speech this afternoon, which he was forced to bring forward by 24 hours, he demanded Boris throw in the towel – but yet AGAIN refused to support an election yet.
The Labour leader told his party conference he would not table no confidence motion – which would almost certainly trigger a ballot – until after October 19.
That’s the day that he is required by a new law to ask the EU to delay Brexit if Parliament has not backed a Withdrawal Agreement or voted in favour of a no-deal exit.
“That election needs to take place as soon as this government thereat of a disastrous No Deal has been taken off the table,” he told delegates.
Mr Johnson is cutting short his trip to New York to be in Westminster and has made it clear he will not resign.
A Government source said Mr Johnson had spoken to the Queen “after the verdict” but would not say whether he apologised to her.
After 11 top judges derailed his Brexit plan, Mr Johnson said today: “I strongly disagree with this decision of the Supreme Court” and demanded Jeremy Corbyn vote for a general election.
The PM said MPs would return to the Commons and have “plenty of time” to debate over Brexit.
“I have the upmost respect for our judiciary, I don’t think this was the right decision. I think that the prorogation has been used for centuries without this kind of challenge,” he said.
The Prime Minister added: “But more importantly let’s be in no doubt there are a lot of people who want to frustrate Brexit.
“There are a lot of people who want to stop this country coming out of the EU.”
I strongly disagree with the decision of the Supreme Court. I have the upmost respect for our judiciary, I don’t think this was the right decision I think that the prorogation has been used for centuries without this kind of challenge.
He added that the court challenges against his shutdown were not helping Britain get the best deal from the EU.
Mr Johnson said: “As the law currently stands the UK leaves the EU on October 31st come what may – but the exciting thing for us now is to get a good deal and that is what we are working on.
Mr Johnson will also hold a conference call with Cabinet Ministers before flying back to London earlier than planned.
A snap poll from the public showed they are split about whether he should go with 43 per cent saying he should – compared to 39 per cent who say he shouldn’t.
This morning eleven top judges sensationally ruled Boris’ “extreme” decision to prorogue was “unlawful”.
The ruling represents a catastrophic blow for Boris with the loss now allowing Remainer MPs more time to block us leaving the EU – with just 37 days until the Halloween deadline.
This afternoon it was revealed in secret legal advice that Boris was told by the Attorney General Geoffrey Cox that his plans WERE legal.
The notes, leaked to Sky News said “this was lawful and within the constitution” and denied that there were any political motivations behind it.
Ex-Cabinet minister Amber Rudd said earlier they weren’t shown the advice – and had to rely on the Attorney General’s word.
Labour’s Sir Keir Starmer said Sir Geoffrey should now consider his position.
After the Supreme Court decision, anti-Brexit Speaker John Bercow will recall MPs Commons as a “matter of urgency” by 11.30am tomorrow.
Some MPs have already posed for photos inside the Chamber – with both Tory backbencher Tom Tugendhat and Lib Dem Luciana Berger sharing pictures on Twitter.
Berger – who defected from Labour earlier this year – wrote “Ready and waiting for Parliament to resume.”
Speaker Bercow – who once had a “b*llocks to Brexit” sticker on his car – has already been seen addressing reporters on College Green.
He said: “I welcome the Supreme Court’s judgement that the prorogation of Parliament was unlawful.
In reaching their conclusion, they have vindicated the right and duty of Parliament to meet at this crucial time to scrutinise the executive and hold Ministers to account.
Speaker John Bercow
“In reaching their conclusion, they have vindicated the right and duty of Parliament to meet at this crucial time to scrutinise the executive and hold Ministers to account.
“As the embodiment of our Parliamentary democracy, the House of Commons must convene without delay. To this end, I will now consult the party leaders as a matter of urgency.”
But today’s ruling will have far-reaching consequences for Britain for years to come – and could make it harder for future PM’s to shut down Parliament.
Despite the drama – Boris Johnson can’t be forced out of office by the ruling.
MPs could try and table a vote of no confidence in him when Parliament does come back.
If he loses, he would have 14 days to command control of the House, or a general election is automatically called.
With Boris now in a minority government he would be unlikely to win such a vote – meaning an election is sure to happen within weeks.
However, Remainer MPs and Labour would be incredibly wary of this because it could cause Britain to crash out without a deal on October 31.
A jubilant Corbyn said minutes after the ruling today: “I invite Boris Johnson, in the historic words, to consider his position and become the shortest serving PM there has ever been.”
I invite Boris Johnson, in the historic words, to consider his position and become the shortest serving PM there has ever been
Despite calling for another vote for years he said one shouldn’t happen until a third Brexit delay is secured at the end of October – meaning he is unlikely to support a bid to oust him any time soon.
Tory conference – set to start on Sunday – will now be thrown into doubt as MPs are ordered to make a rapid return to Westminster.
However, Tory vice chairman Andrew Bowie today insisted the party’s summit is still going ahead.
He tweeted: “Conservative Party Conference is going ahead. Look forward to seeing members and supporters from across the UK in Manchester next week where we’ll re-affirm our position as the only party in the UK that seeks to uphold referendum results – be that in 2014 or the one in 2016.”
What does the ruling mean for Brexit – and what happens next?
Effectively Parliament is no longer shut down. It means MPs can go back to Parliament tomorrow morning from 11.30, Speaker John Bercow said today.
Technically as there is no Commons business, MPs do not have to be there, and there are no crunch votes scheduled at the moment.
Mr Bercow said that there will be no PMQs on Wednesday as there normally is, but there will be time for urgent questions from MPs, and they will be able to table emergency debates too.
That could pave the way for Remainers to take control of Parliament once again and start wrecking Brexit again.
The Labour boss Jeremy Corbyn has brought forward his keynote speech to this afternoon so he can race back to Westminster in time.
Can Boris Johnson resign?
Boris has said he WONT quit as PM and is determined to stay in post and deliver Brexit
Boris can technically resign, but he can’t leave without putting someone in his place. There has to be a PM in office at all times.
Boris could talk to the Queen and advise that someone else take over – such as Jeremy Corbyn or a senior MP like Ken Clarke or Harriet Harman.
Will there be an election?
Boris has repeatedly called for an election to break the Brexit deadlock and try and win a majority in Parliament to force through his Brexit plans.
After he sacked 21 Tory rebels he effectively has no majority and has no hope of getting a deal – or any other law – through Parliament unless Labour or other rebels join forces with him.
The current position in Parliament is unsustainable and an election is on the cards – it’s just a question of when.
Mr Corbyn and other opposition parties repeatedly voted against an election earlier this month.
They wanted to wait until Boris was forced to seek an extension to Article 50 first, which would delay Brexit for a third time.
Only after that will they back an election, because if one is called before they fear Boris could take Britain out of the EU without a deal during the campaign.
Boris needs two thirds of MPs to vote for an election before one is called.
Will he face a vote of no confidence?
MPs could try and force Boris Johnson out of office with a vote of no confidence.
With Westminster in so much chaos, it’s hard to see how he would win one.
If he loses, then he would have 14 days to try and win back MPs’ support in the Commons.
If he couldn’t do that, then an election is called automatically.
But there has to be 25 days at least of campaigning before voting day.
MPs would not want to risk crashing out of the EU without a deal during an election campaign – and could hold back from trying to boot Boris out for now.
What about Brexit?
Brexit is still set to take place at the end of October as planned.
But Remainers passed a new law earlier this month which would force the PM to seek a third Brexit extension if he hasn’t got a deal in place.
Boris has repeatedly saying he won’t ask for another delay, but hasn’t said what he will do instead.
Mr Johnson claimed he suspended – or prorogued – Parliament to announce his domestic agenda with a Queen’s Speech.
He repeatedly stated that his shutdown was not obstructive and insisted that MPs were only losing “four or five days of parliamentary scrutiny when Parliament has had three years to discuss the issue”.
He added that Parliament “will be able to come back and discuss Brexit after the European council on 17 and 18 October.”
But angry Remainers claimed he stopped MPs from sitting to dodge Parliamentary scrutiny over his Brexit plans – in particular, No Deal.
The case was taken to the Supreme Court after Scottish and English courts delivered contradictory decisions.
Remainer lawyer Gina Miller who previously launched a legal bid to block Brexit – was joined in her quest to stop Mr Johnson by former Tory PM Sir John Major.
That resulted in a dramatic three-day hearing where No10’s top lawyers fought it out with the legal team of Ms Miller after which Lady Hale returned the unanimous verdict of behalf of all 11 justices.
She told the Supreme Court that the move to shut down Parliament with just weeks to go before Brexit “took place in exceptional circumstances” and his decision was “extreme”.
She added: “The House of Commons has a right to a voice.
“No justification for taking action with such an extreme effect has been put before the court.
“The Court is bound to conclude, therefore, that the decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification.”
What did the judges say about Boris' shutdown of Parliament?
“This prolonged suspension of Parliamentary democracy took place in quite exceptional circumstances: the fundamental change which was due to take place in the Constitution of the United Kingdom on 31st October.
“Parliament, and in particular the House of Commons as the elected representatives of the people, has a right to a voice in how that change comes about. The effect upon the fundamentals of our democracy was extreme.
“No justification for taking action with such an extreme effect has been put before the court. The only evidence of why it was taken is the memorandum from Nikki da Costa of 15th August. This explains why holding the Queen’s Speech to open a new session of Parliament on 14th October would be desirable.
“It does not explain why it was necessary to bring Parliamentary business to a halt for five weeks before that, when the normal period necessary to prepare for the Queen’s Speech is four to six days.
“It does not discuss the difference between prorogation and recess. It does not discuss the impact of prorogation on the special procedures for scrutinising the delegated legislation necessary to achieve an orderly withdrawal from the European Union, with or without a withdrawal agreement, on 31st October.
“It does not discuss what Parliamentary time would be needed to secure Parliamentary approval for any new withdrawal agreement, as required by section 13 of the European Union (Withdrawal) Act 2018.
“The Court is bound to conclude, therefore, that the decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification.
“This Court has already concluded that the Prime Minister’s advice to Her Majesty was unlawful, void and of no effect.
“This means that the Order in Council to which it led was also unlawful, void and of no effect and should be quashed. This means that when the Royal Commissioners walked into the House of Lords it was as if they walked in with a blank sheet of paper.
“The prorogation was also void and of no effect. Parliament has not been prorogued. This is the unanimous judgment of all 11 Justices.
“It is for Parliament, and in particular the Speaker and the Lord Speaker to decide what to do next.
“Unless there is some Parliamentary rule of which we are unaware, they can take immediate steps to enable each House to meet as soon as possible.
“It is not clear to us that any step is needed from the Prime Minister, but if it is, the court is pleased that his counsel have told the court that he will take all necessary steps to comply with the terms of any declaration made by this court.”
The Supreme Court has been urged by Remain lawyers to demand that MPs are recalled next week if it rules that Boris Johnson misled the Queen[/caption]
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