United Kingdom and Gibraltar European Union membership referendum
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Dominic Grieve is familiar with British law. The Conservative politician was United States Attorney General for England and Wales and General Counsel for Northern Ireland from 2010 to 2014. His criticism of Britain's prime minister could not be sharper: "If Boris Johnson has lied to the Queen, he must resign," he said. Because of his use against a no-deal Brexit Grieve had flown with other members of the Tory faction in the lower house.
Grieve refers to a ruling by Scotland's highest civil court, the Court of Sessions in Edinburgh, which suggests exactly that. Johnson's maneuvering to send the Parliament into a five-week forced break was unlawful, judges said on Wednesday. The prime minister has tried to obstruct the work of the deputies.
The judges strike a tone rarely heard before a British prime minister. Johnson was "led by the inappropriate goal of eliminating parliament," they say. His reasoning that the compulsory break was necessary for MEPs to prepare sufficiently for the Queen's speech to open the new parliamentary session - the Queens Speech in mid-October - was flimsy. The prime minister may also have deceived Queen Elizabeth II, who sanctioned the suspension on his advice.
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Johnson suffered a series of defeats in recent days. First, parliamentarians slowed down its no-deal-brexit plans with an emergency law, then blocked its call for new elections in mid-October. The Scottish verdict is now another, special slap in the face for him and his closest adviser Dominic Cummings, who is considered the "architect of Brexit".
The government is initially largely unperturbed. Johnson described the allegation that he lied to the Queen as "absolutely untrue." His people referred to the verdict of a London court, which just came to the conclusion that it was not responsible. The forced break was a political and not a legal question. The tabloid "Daily Mail" drew on the Scottish judges, one was a "France lovers", the other a chronic Brexit opponent. However, British union leader Len McClusky threatened Johnson that he could end up in jail if he dared to go to Scotland.
As the Brexit drama continues, the Supreme Court in London, the highest court in the United Kingdom, will have to settle on Tuesday. Should constitutional judges agree with their Scottish counterparts, that should have grave consequences.
In the video: "There will be plenty of time to discuss Brexit"
LUDOVIC MARIN / AFP
For one thing, Johnson would not be able to avoid getting the deputies out of the forced break. The party congresses, which should begin now, would probably then have to be canceled. Labor politician Keir Starmer has called for Parliament's immediate convocation: "Let's reopen (Parliament) so that we can debate how to proceed."
On the other hand, Johnson is likely to see new demands for resignation suspended. The judgment of the Edinburgh Court was of "enormous constitutional relevance," said Scotland's Nicola Sturgeon. "The Prime Minister's behavior was outrageous and unscrupulous and testifies to a contempt for constitutional norms". Jo Swinson, the leader of the Liberal Democrats, said there was only one reason to suspend the parliament: "Johnson wants to force a no-deal Brexit."