A group of Remainers have got together to start a legal action in Scotland to try and prevent the prorogation of parliament in the run up to a no deal Brexit.

PLEASE WATCH THE VIDEO BELOW:

As the Remainer desperation mounts and Boris Johnson revs up the furniture van destined for Number Ten, a cross-party group of pro-EU MPs has clubbed together and is planning legal action in Scotland to prevent Boris from shutting down parliament as the clock runs down to a no deal Brexit.

The BBC reports that the legal team involved in this is the same one that went through the courts from Edinburgh all the way up via the UK Supreme Court to the European Court of Justice (ECJ) to get a ruling that the Article 50 letter could be revoked unilaterally by the UK, so reversing Brexit was legally possible without EU agreement.

Those involved in this latest move are politicians from Labour, the Lib Dems, Plaid, SNP and the Greens.

It seems they want to go to the highest court in Scotland, the Court of Sessions in a judicial review procedure to get what is called a 'declarator' that says the Prime Minister cannot advise the Queen to prorogue parliament. And they hope to have it in place by the end of the parliamentary summer recess.

A Declarator is defined on the Scotland judiciary website as: 'An order declaring that some right exists or does not exist which has legal consequence.'

We already have amendments to the Northern Ireland (Executive Formation) Bill, that force the government to make declarations and have debates in October backed up by the requirement to recall parliament should it already be prorogued, in order to hold those debates.

But the Remain side is obviously worried that this might not be legally watertight – and I personally think that it is unenforceable because as far as I can see, the Queen was not asked to give her consent for her personal Royal Prerogative of proroguing parliament to be interfered with.

Anyway, that aside, the Northern Ireland bill amendment, once it is enacted, basically orders that a Royal Declaration be made to recall parliament, if a previous Royal Declaration to prorogue parliament prevented those statements and debates in the house being conducted. So, as far as I can see, it presumes to limit the Queen's personal prerogative power of prorogation.

Prorogation is ordered by the Queen on the advice of the Privy Council, which usually consists of four sitting government ministers.

Now what this new action in Scotland seems to be trying to do, is prevent the Prime Minister from advising the Queen to prorogue parliament in the first place, therefore it cannot take place.

Now one assumes that any declarator would have to be quite tightly worded, to only cover the prevention of advising the prorogation of parliament in order to force a no-deal Brexit.

Because surely it would be impossible to give a blanket ban that totally interfered with the personal Royal Prerogative.

So presumably the term 'no-deal Brexit' would need to be defined too.

But having read up on it a bit, it appears that the final decision to prorogue is the Queen's and that the advice she is given is secret. Makes this legal action a bit difficult doesn't it?

How much more of this scheming and plotting have we got to put up with?

And if those Remainers think their actions are going to help mend the nation then they are sorely mistaken! But I don't think they care about that at all.

I have to ask the same question as Alastair MacMillan asks about Remainers in general in an article in Brexit Central:

"What really motivates the likes of Blair, Brown, Major, Hammond, Gauke and Stewart as they give lip service to the result of the referendum whilst doing everything in their power to frustrate it? Why? What is so wonderful about the EU that they think we should give up our Common Law, our democratic rights, our independence and, above all, our sovereignty?"

I've left a link to the article in the descriptions box below. It's about Project Fear and is a well worth read.

Sources:

https://www.bbc.co.uk/news/uk-scotland-scotland-politics-49078433

http://www.scotland-judiciary.org.uk/29/0/Glossary

Project Fear's incredible No Deal warnings are becoming like a cracked record

Comment Here!

comments