Nicola Sturgeon declares 'shameful' Boris Johnson 'must now resign' over Brexit fiasco

First Minister Nicola Sturgeon at Holyrood

The UK's highest court had earlier upheld the judgement of the Court of Session that prorogation of the House of Commons was unlawful.

Speaking in Holyrood, the First Minister said the ruling was of enormous significance to the Scottish Parliament and to Scotland.

Supreme Court: SNP hail 'historic' ruling and call for Boris Johnson to quit

She said the Supreme Court judgement called into question the UK Government's commitment to "basic democratic values" and declared the "abnormal" should not be allowed to become "acceptable".

In a statement at the Scottish Parliament, the First Minister said there must be a clear recognition the Prime Minister should be held responsible for the "fiasco" that has been created.

And Ms Sturgeon indicated that Mr Johnson should not continue in office.

"It was Boris Johnson who took the decision to prorogue Parliament," she said.

"It was Boris Johnson who acted unlawfully, and I do not say this lightly, but it is Boris Johnson who must now resign."

Ms Sturgeon added: "It is of course possible for a Prime Minister to continue in office if they are unpopular.

"It is even possible for a Prime Minister to survive in office if they are not competent.

"But no Prime Minister should believe they can act with impunity and remain in office when they have acted unlawfully in the manner and in the circumstances set out so clearly by the Supreme Court today."

Ms Sturgeon added: "For the sake of democracy, we must not allow the abnormal and unacceptable to become normal and acceptable."

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

Ms Sturgeon told MSPs: "The view that he should resign today is not just about politics - it should be the conclusion of anyone who believes parliamentary democracy, accountability and the rule of law matter."

She said the UK Government must now make it clear that it would adhere to the Benn Act - the legislation passed just before prorogation to prevent a no-deal Brexit.

The First Minister called for a general election once it was clear the Benn Act had been fulfilled and an extension of Article 50 secured as she branded the Government "extreme, out-of-touch, [and] law-breaking".

"There is in truth no functioning UK Government right now," the SNP leader said.

"It is impossible to have confidence in this Prime Minister or the Government he leads.

"Therefore as soon as the risk of it being used to force through a no-deal Brexit on 31 October has been removed there must be a general election."

Ms Sturgeon said the work of the Westminster government had "ground to a halt", which had "significant implications" for Holyrood in areas such as social security and no-deal preparations "where we require co-operation to deliver our own commitments".

She said while the Supreme Court decision was about the prorogation of another Parliament, "the circumstances giving rise to it and implications of it were of enormous significance to this parliament and the people of Scotland, which is why the Lord Advocat intervened on behalf of the Scottish Government".

She also pointed to the judgement which said that the UK government had failed to consult with both the Scottish Parliament and the Welsh Assemblies over the prorogation.

The judgement said that in its defence of prorogation, the government did not "discuss the impact of prorogation on the special procedures for scrutinising the delegated legislation necessary to make UK law ready for exit day and achieve an orderly withdrawal with or without a withdrawal agreement, which are laid down in the European Union (Withdrawal) Act 2018".

"Scrutiny committees in both the House of Commons and the House of Lords play a vital role in this. There is also consultation with the Scottish Parliament and the Welsh Assembly."

Ms Sturgeon added: "The Supreme Court mentioned the vital role that scrutiny has in our system of government.

"The judgement even noted that in the advice sent to the PM the importance of consultation with the Scottish Parliament and Welsh Assembly was not mentioned anywhere.

"The statutory instruments required to prepare the statue book for EU exit, that this Parliament has to consent to, under a protocol otherwise honoured by the UK Government, were made under an emergency procedure without the consent of Scottish ministers or the scrutiny of this Parliament."

Scottish Tory interim leader Jackson Carlaw said the Supreme Court judgement was "as profound" as any made in his political lifetime.

He said: "The rule of law is the foundation of our system of government. The judgement of courts must be respected by government, all the more so when it does not like the result."

While he said "MPs must redouble efforts" to find a deal with the EU, he asked if Ms Sturgeon would ensure SNP MPs would vote for a deal - and failing that would she agree there should be a general election.

Ms Sturgeon welcomed his comments about the rule of law, but added she had made "valiant efforts" to strike a compromise with Theresa May.

The SNP leader said: "I've made my position abundantly clear. Scotland did not vote for Brexit. My principle responsibility as First Minister is to seek to ensure that Scotland's democratic wishes are respected.

"The SNP will not vote for something that takes us out of the EU against our will, out of the single market, out of the customs union with all the damage that will do.

"I do believe it's time for a general election. However, we must make sure that cannot be used by the PM as a device to force through a no-deal Brexit."

Ms Sturgeon said she would recommend to all members to read paragraph 60 of the judgement, which says consultation is required with the Scottish Parliament and Welsh Assembly.

Scottish Labour's James Kelly asked if she agreed it was time to "send out a search party" for the new Scottish secretary Alister Jack, who was "posted missing since he took office and is nothing more than a puppet for the lawless activities of the Johnson administration".

To laughter, Ms Sturgeon said "That's a fair point - I had almost forgotten about him,.

"But in all seriousness, this is the responsibility of the Prime Minister, but all the ministers who sit around that Cabinet table are part of the government and the decision-making process.

"It is important that ministers are held to account, that they're not allowed to simply disappear and I'm sure we'll be hearing at length from the Secretary of State for Scotland before the end of today and we'll all benefit from that."

Mr Jack later said: “As the Prime Minister has made clear, we will respect the Supreme Court’s judgement, but we respectfully disagree with the decision of the court.

"The Government wants to have a Queen’s Speech to set out our plans on a wide range of domestic issues. We remain determined to honour the result of the EU referendum and deliver Brexit on 31 October. The Prime Minister is focused on getting a deal at the EU Council next month.”