Tuesday, 13 August 2019

Prorogation

Updated 31 August 2019

13 August 2019 - 79 days to Brexit.  £1 = 1.08 Euro.  £1 = 1.21 US $.  The clock continues to run down to Exit Day.

Court of Session - Scotland:  

Back in the news is the possibility that the Prime Minister might secure a prorogation of Parliament in order to prevent the House of Commons stopping a "no-deal" (crash-out) Brexit - BBC News 13 August 2019.  A legal challenge to try to prevent such a prorogation is underway before Scotland's Court of Session.  The petition, brought by the Good Law Project, is supported by more than 70 MPs and peers.  The project seeks
a "declarator" that suspending parliament to make the UK leave the EU without a deal is "unlawful and unconstitutional".

See Good Law Project - 11 August 2019 and 25 July 2019 from where it can be seen that the project set out its legal arguments in a letter (21 pages pdf) to the Advocate General for Scotland.

Previous posts on Prorogation - 12 June 2019 and 17 July 2019.

For an interesting view of the Scots Law aspects of the case see The Remain Alliance Strikes Back? Background to the legal challenge to the prorogation of Parliament - Alan S. Reid - Senior Lecturer in Law, Sheffield Hallam University.

Addendum 31 August - Court of Session refused to grant interim orders in the case but ordered a full hearing on Tuesday 3 September - see Lord Doherty hand down his decision at BBC News 30 August.

Prorogation and the formation of an executive for Northern Ireland:

The Northern Ireland (Executive Formation etc) Act 2019 section 3 states that the Secretary of State must, on or before 4 September 2019, publish a report explaining what progress has been made towards the formation of an Executive in Northern Ireland (unless an Executive has already been formed).

The Secretary of State must also "move motions" relating to the report in each House of Parliament - section 3(2).  Such motions must be moved within 5 calendar days from the day on which the report is laid before Parliament - see section 3(3).

Section 3(4) applies in the event that Parliament stands prorogued or adjourned and, as a result, Ministers cannot comply with sections 3(2) or 3(3).  In that event, a proclamation under the Meeting of Parliament Act 1797 shall require Parliament to meet to enable compliance with section 3(3).


13 August 2019 - 79 days to Brexit.  £1 = 1.08 Euro.  £1 = 1.21 US $.  The clock continues to run down to Exit Day.

Addendum Sunday 25 August 2019:

The Guardian 24 August - Boris Johnson seeks legal advive on five-week parliament closure ahead of Brexit

Sky News 25 August - Brexit: UK won't owe £39bn under no deal, Boris Johnson to tell EU's Tusk

BBC 25 August 2019 - Brexit: Boris Johnson says odds of strking deal 'touch and go'

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