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Faisal Islam
@faisalislam
, 9 tweets, 2 min read Read on Twitter
Unanimous judgement - it is justiciable.
Supreme Court overrules High Court on justiciability... “what are the limits to that [prorogation] power?”
PM’s Advice to Queen unlawful, Prorogation unlawful, prorogation void, no effect, unanimous decision of the Supreme Court.
Supreme Court was contemptuous of the Government’s argument that even if the Prorogation advice to the Queen was unlawful, the Royal commission’s actual physical prorogation ceremony was a Parliamentary proceeding that essentially should be protected by Bill of Rights.
incredible and unprecedented

- that any Government has put the Queen in this position on any issue.
- that SC now policing boundaries of fair use of this power -relevance to poss further prorogation (attempt?)
- that like Bobby Ewing’s dream ... the prorogation never happened
And your daily reminder that none of this would matter if the Government commanded a stable majority.
But the prebriefed Number 10 strategy to dispense with convention and overshadow the Labour conference is certainly going ahead, though not quite in the manner originally envisaged ...
Classic BBCDom - he’s got the verdict exactly where you want it:
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More from @faisalislam see all

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Faisal Islam
@faisalislam
NEW no deal tariff schedule - three revisions.

- HGV tariffs now removed to help hauliers
- some extra tariffs on clothes to maintain support for LDCs
- extra tariffs on imported bioethanol to protect UK production

But no move on refineries & farms

gov.uk/government/new…
Tariff on women’s blouses now 12% generally, but means less developed countries such as Bangladesh keep their advantage of 0 tariff...
Bioethanol now 6.5%
HGVs off list so saving hauliers thousands against tariff listed in March (though same as current situation for EU imports)
Also women’s & girls jackets, bathrobes, dressing gowns also now facing a general 12 % tariff. Which maintains 0% preference for LDCs such as Bangladesh. But will raise prices for direct EU imports.
Read 3 tweets
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Faisal Islam
@faisalislam
Did not hear from Brexit Secretary nor read in the below from Business Secretary today the idea repeated that UK will leave with No Deal this month ... both seemed more consistent with idea that the only way to leave this month is with a deal...
subtle but important change in emphasis/ language obv consistent with court confirmation that the PM will obey the Benn act... but raises questions about what now is the aim of this £100m advertising campaign - the only thing to “get ready” for was no Deal. Deal = transition...
Read 3 tweets
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Faisal Islam
@faisalislam
No talks over weekend, discussions can reconvene Monday. But “no basis” is a pretty strong no. There had been plenty of talk at CPC19 that a rejection response would lead to UK negotiators being pulled the next day. Certainly tough to see how you can get to treaty text in 1 week
Some NI figures pondering whether removal of DUP veto on this at Stormont via “petitions of concern” would help. But appears an even longer multidimensional negotiation, and probably the reason the DUP accepted staying in Single Market goods regulatory alignment in first place...
But even that would still leave derogations from Union Customs Code on island of Ireland to be negotiated in time... probability in this month very very small.
Read 3 tweets

Related threads

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Joe McIntyre
@Dr_Joe_McIntyre
A couple of days have past since the #Miller2 #Cherry #prorogation was handed down by the @UKSupremeCourt, and we are starting to see a range of commentary emerge.

This thread is an attempt to collate that material in one spot. I will try to maintain it as things appear
Firstly, the decision itself - as well as links to the hearing and delivery of judgment, is available here:

supremecourt.uk/cases/uksc-201…
Here are some useful 'Explainers' and 'Summaries'

@ProfMarkElliott (short explainer): publiclawforeveryone.com/2019/09/25/100…

@Fergal_Davis: commonslibrary.parliament.uk/parliament-and…

@JonathanMetzer: ukhumanrightsblog.com/2019/09/24/sup…
Read 38 tweets
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Anna Ellis
@annaellis_net
Right, here we go. Plain English version of the Supreme Court's judgement on the #ProrogationCase. THREAD.

The numbers at the top right of the front page are the case references. These are used as shorthand when further cases want to refer to them. 1/
The next two pages list all those involved in the case. Appellants = those making the appeal to the Supreme Court. Respondents = those responding (like defendants). Interveners = those with additional points. All interveners supported the Miller & Cherry cases. 2/
First up, a statement that the judgement was not about "when and on what terms the UK is to leave the EU." The judgement is on "whether the PM's advice *in this particular prorogation* was lawful." The issue is, as far as the judgement is concerned, "a one-off". 3/
Read 40 tweets
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Schona Jolly QC
@WomaninHavana
Here we go #prorogation

Can’t make out the sound though. Streaming problems. #SupremeCourt
Ok sound back on. Lady Hale now setting out the facts relating to the prorogation itself
Unanimous judgment of all 11 justices.

Court holds this IS Justiciable.

Repeat. It IS justiciable. Unanimously.
Read 43 tweets
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Steve Parks
@steveparks
As the Supreme Court considers vital questions to protect our parliamentary democracy, I found a tearful woman at the feet of Sir Winston Churchill...
#Prorogation #ProrogationCase
This statue of one of Britain’s most famous parliamentarians and Prime Ministers stands in his old constituency, Woodford, on the edge of the green. It’s still well-respected by local people
en.m.wikipedia.org/wiki/Woodford_…
As I drove past saw the flicker of a flame in the evening light. I pulled over and walked across the green.
A woman stood by candles she had lit at Churchill’s feet, paying her respects, and she was a little tearful. She introduced herself as Isis...
Read 17 tweets
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Joshua Rozenberg
@JoshuaRozenberg
Good morning. I’m not at the @UKSupremeCourt but I plan to follow the livestream all day and live-tweet the arguments. The court is hearing separate appeals that raise similar issues: is the PM’s advice to HM to prorogue parliament justiciable? And, if so, was it lawful? (thread)
It’s a three-day hearing so there won’t be any indication of the result before Friday. I’d say a result next week is more likely, perhaps will full reasons to follow. Today the 11 justices will hear from the appellants, who lost in the national courts. Tomorrow, the respondents.
This morning, Lord Pannick QC, for Gina Miller, will argue that the High Court of England and Wales erred in law by failing to find that the advice of the PM was an unlawful abuse of power. The court was also wrong to treat the case as inherently political and so non-justiciable.
Read 45 tweets
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James Cook
@BBCJamesCook
THREAD I have been wading through the full judgment from Scotland's highest civil court, the Court of Session, on the prorogation of parliament this evening (with assistance, as you can see). Here are some points I think are interesting. #Prorogation #TheNine
First, what is this all about? A group of parliamentarians led by @joannaccherry of the SNP wanted to stop the prorogation (suspension) of parliament, which has now taken effect, arguing that it was unlawfully designed to stymie parliamentary debate on Brexit.
As it happened the High Court in London has rejected a similar case but one argument made by the petitioners in Edinburgh (that is, Ms Cherry and co) was that Scotland (which has its own legal system pre-dating the 1707 union with England) had different law in this matter.
Read 32 tweets

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