Boris Johnson speaks to Queen after Parliament shutdown ruled unlawful

Prime Minister Boris Johnson in New York after judges at the Supreme Court in London ruled that his advice to the Queen to suspend Parliament for five weeks was unlawful. Picture: Stefan Rousseau/PA Wire

In a historic assertion of the power of the courts and legislature over the executive, 11 judges ruled unanimously the Government’s decision to suspend Parliament was “unlawful, void and of no effect”.

There were immediate calls for Mr Johnson to quit from across the political spectrum, but a Number 10 source insisted the Prime Minister “will not resign”.

The Prime Minister, who has cut short his visit to New York for the UN General Assembly, spoke to the Queen tonight ahead of flying back to return to Downing Street.

Queen Elizabeth II. Picture: Victoria Jones - WPA Pool/Getty Images

A senior Government official said: “The PM has spoken to the Queen.”

The official described the discussion as having taken place “earlier on today” and having been “after the verdict”.

But the official would not comment on whether Boris Johnson apologised to the Queen.

“We never in any circumstances discuss the contents of conversations between the Prime Minister and her majesty,” the official said.

Conservative MPs were ordered back to Parliament on a three-line whip to resist an opposition attempt to collapse the government through a motion of no-confidence.

However, while the SNP and the Liberal Democrats called for an immediate move to force an election, Labour said a delay to Brexit on 31 October had to be “locked in” first, because Mr Johnson could not be trusted to obey legislation blocking no-deal.

Shortly after the ruling was delivered, Mr Corbyn took to the podium at the Labour conference in Brighton to “invite Boris Johnson, in the historic words, to consider his position and become the shortest-serving Prime Minister there’s ever been”.

The Labour leader added that Mr Johnson should “obey the law, take no-deal off the table, and have an election to elect a government that respects democracy”.

Delivering the judgment, Supreme Court president Lady Hale said the constitutional dispute had unfolded “in circumstances which have never arisen before and are unlikely to arise again”.

“The prime minister’s advice to Her Majesty was unlawful, void and of no effect,” Lady Hale said of Mr Johnson’s request to the Queen to suspend parliament. “This means that the order in council to which it led was also unlawful, void and of no effect should be quashed.

She went on: “The prorogation was also void and of no effect. Parliament has not been prorogued.”

Speaking in New York, the Prime Minister said the government would respect the Supreme Court’s ruling, but told reporters: “I strongly disagree with this decision”.

“I have the utmost respect for our judiciary, I don’t think this was the right decision, I think that the prorogation has been used for centuries without this kind of challenge,” Mr Johnson said.

“I think the most important thing is we get on and deliver Brexit on October 31, and clearly the claimants in this case are determined to frustrate that and to stop that.

“I think it would be very unfortunate if Parliament made that objective which the people want more difficult but we will get on.”

Mr Johnson will not face Prime Ministers’ Questions this afternoon, but ministers will be summoned to face questions from angry MPs over why the government pressed ahead with the suspension of parliament, and what legal advice was issued on prorogation.

Ministers were assured by Attorney General Geoffrey Cox QC that the move was legal when it was announced.

Confirming that parliamentary business would resume at 11:30am this morning, Commons Speaker John Bercow welcomed the Supreme Court’s judgment that prorogation had “prevented or frustrated Parliament in the discharge of its core duties… at a crucial time for our country”.

“The citizens of the UK are entitled to expect that Parliament does discharge its core functions – that it is in a position to scrutinise the executive, to hold ministers to account and to legislate if it chooses,” Mr Bercow said.

Former Prime Minister Sir John Major, who took part in the Supreme Court case, said: “No Prime Minister must ever treat the monarch or Parliament in this way again.” Outside the court, SNP MP Joanna Cherry, the lead petitioner in the case, said there was “nothing to stop us, myself and my colleagues, immediately resuming the important job of scrutinising this Tory government, which has us hurtling towards Brexit. Boris Johnson must have guts for once, and resign.”

Ms Cherry was flanked by campaigner Gina Miller, who had a parallel case struck down by the High Court in England, but also emerged victorious from the Supreme Court.

“Today is not a win for any individual or court,” Ms Miller said. “It’s a win for parliamentary sovereignty.”