Published On: Sat, Aug 31st, 2019

Brexit news: Top judge gives stark warning to Gina Miller – ‘Very difficult’ | UK | News

The High Court announced it is considering a legal challenge from Gina Miller to prevent Boris Johnson from suspending Parliament to force through a no deal Brexit. Sir John Major and Tom Watson are joining the legal action, but former Supreme Court Justice Lord Sumption warned they are embarking on a “very difficult course”. He told Sky News: “The real question here is what are good political priorities and what are bad political priorities.

“I think this is probably correctly described as politically shocking, I share the indignation of many people.

“But it is politically and not legally shocking, and the courts are concerned with legal problems, they are not concerned with vetting the political judgements that are made by prime ministers.

“That is a matter for politicians to deal with, if they don’t like what the Government is doing they have to bring the Government down.”

On whether the matter is “unconventional politically” but has nothing to do with the law, Lord Sumption commented: “Well that is what the argument is going to be that’s put against Gina Miller and John Major, and I think it has enormous force.

“We are in an absolutely exceptional situation so nobody wise would venture to predict exactly what the the legal outcome will be.

READ MORE: Brexit success? Challenge to Johnson unlikely to succeed 

“But it’s a very difficult course that they’ve embarked upon.”

Ms Miller had said her legal team had applied to the High Court to make a case against the decision to suspend Parliament.

An urgent application has been made by the arch-Remainer, with the legal challenge now “being considered”.

A judiciary spokeswoman said: “We can confirm that an application for judicial review has been received from Gina Miller.

“The defendant is the Prime Minister. The application is being considered.”

Speaking on BBC Radio 4’s Today programme this morning, Ms Miller appeared to suggest she wasn’t actually against the proroguing of Parliament which she admitted was an entirely legal process, but was against “the effects” of proroguing Parliament.

She said: “Because in our present constitution sovereignty belongs to Parliament, it is the view of myself and my legal team that the advice to Her Majesty to prorogue Parliament with the intention of effectively reducing Parliament’s ability to legislate at this crucial time is unlawful.

“It obviously differs from the advice the Prime Minister and the executive have received, and there are many different views.

“We are approaching the Court for an urgent judicial review, bearing in mind the time of September 9 approaching rather swiftly, to ask their permission first and then to listen to our arguments against the fact that we think this request is illegal.”

The Prime Minister recently announced the move to extend the suspension of Parliament ahead of the Queen’s Speech on October 14.

Mr Johnson insisted it was “completely untrue” that he would deny time to MPs to debate Britain’s departure from the EU. He said: “There will be ample time on both sides of that crucial October 17 Summit in Parliament for MPs to debate the EU, Brexit and all the other issues.” The decision came after opposition parties met and hinted they would do everything in their power to try to block a no deal exit from the Brussels bloc.

Campaigners against a no deal Brexit accused the Prime Minister of “trashing the constitution” after the Government’s plans to prorogue Parliament in the lead-up to the October 31 Brexit deadline. Mr Rees-Mogg insisted the move was not intended to limit the time available for MPs to debate Brexit but will allow the Government to tackle other issues.

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