The PM is “entitled” to suspend Parliament, even if it is for political reasons, the Supreme Court has heard.
A Scottish court ruled the five-week suspension was “unlawful”, but Lord Keen QC, for the government, said the decision was not one for the courts.
The Supreme Court is hearing two appeals relating to the decision by Boris Johnson to prorogue Parliament.
Lord Pannick QC, for campaigners against the move, said it was done to “silence” MPs in the run-up to Brexit.
He was representing an appeal, brought by businesswoman and campaigner Gina Miller, against a contradictory English High Court ruling that – unlike the judgement in Scotland – said the suspension was “purely political” and therefore “not a matter” for the judiciary.
‘Difficult questions’
Mr Johnson maintains it was right and proper to terminate the last session of Parliament to pave the way for a Queen’s Speech to outline the government’s legislative plans for the year ahead.
He insisted the move had nothing to do with Brexit and his “do or die” pledge to take the UK out of the EU on 31 October, with or without a deal.
Lady Hale, President of the Supreme Court, stressed the outcome of the two appeals would have no bearing on the timing of Brexit.
In her opening statement, the most senior judge in the UK said she and her 10 colleagues would endeavour to address the “serious and difficult questions of law”, but would not determine “wider political questions” relating to the Brexit process.
Last week, Edinburgh’s Court of Session found in favour of a cross-party group of politicians challenging the PM’s move, ruling the shutdown was unlawful and “of no effect”.
Scotland’s highest civil court found Mr Johnson had effectively misled the Queen in the sovereign’s exercise of prerogative powers.
SNP MP Joanna Cherry – who was also one of the lawyers on the case – told the BBC she was “cautiously optimistic” the Supreme Court would uphold the Scottish court’s ruling.
But, she added: “If they don’t, then they will be accepting that it’s possible under the British constitution for the prime minister of a minority government to shut down Parliament if it is getting in his way, and that just can’t be right.”
Responding for the government, the Advocate General for Scotland, Lord Keen, told the Supreme Court he took “no issue” with the court’s ruling that the decision could have been unlawful, but said to “declare that the prorogation is null and of no effect” was a step too far, adding: “They have simply gone where the court could not go.”
He said if the ruling was upheld, the prime minister would take “all necessary steps” to comply.
However, after being pushed by the judges, he said he would not comment on whether Mr Johnson might subsequently try to prorogue Parliament again.
Lord Keen said previous prorogations of Parliament had “clearly been employed” when governments wanted to “pursue a particular political objective”, adding: “They are entitled to do so.”
He said if MPs did not want Parliament to be suspended they had “adequate mechanisms” and opportunities to stop it in its tracks by passing new laws – pointing to the fact a bill to block a no-deal Brexit was passed in just two days.
Lord Keen added: “It is not for the courts to overlay their views on when Parliament should or should not have [acted]… that would be to intrude over the boundaries of the separation of powers.”
Appealing against the English court ruling, crossbench peer Lord Pannick told the Supreme Court Mr Johnson suspended Parliament to avoid the risk of MPs “frustrating or damaging” his Brexit plans, and there was “strong evidence” the PM saw MPs “as an obstacle” and wanted to “silence” them.
He said he had “no quarrel” with a prime minister’s right to prorogue Parliament in order to present a Queen’s Speech.
However, he said the “exceptional length” of this suspension was “strong evidence the prime minister’s motive was to silence Parliament because he sees Parliament as an obstacle”.
Lord Pannick said the facts showed the PM had advised the Queen to suspend Parliament for five weeks “because he wishes to avoid what he saw as the risk that Parliament, during that period, would take action to frustrate or damage the policies of his government”.
Lord Pannick said the effect of the suspension was to take Parliament “out of the game” at a pivotal moment in the UK’s history and he disagreed with the High Court’s judgement that the issue was outside the scope of the courts.
“The answer is either yes, or it is no, but it is an issue of law, and the rule of law demands the court answers it and not say ‘it is not for us and it is for the discretion of the prime minister’.”
Amid the protests outside the Supreme Court, and the calm but focused legal debate inside, the first day of this potentially monumental constitutional battle came down to two questions.
Do judges have the power to stop a prime minister proroguing Parliament? And, if so, did Boris Johnson act illegally and mislead the Queen?
Lord Pannick QC, for Gina Miller, hammered out attack after attack.
Where was the prime minister’s witness statement showing he had an honest reason for closing Parliament? How could a prime minister who is accountable to Parliament prevent it from holding his feet to the fire?
Lord Keen QC, the government’s top lawyer in Scotland, argued judges couldn’t even consider these questions.
There was a key moment of political intrigue when the justices wondered what Mr Johnson would do if he were to lose.
But his lawyer could not say whether he might simply ask the Queen to re-open Parliament – and then shut it down again.
Ms Miller is seeking a mandatory order which would effectively force the government to recall Parliament, BBC legal correspondent Clive Coleman said.
Opposition parties have called for Parliament to be recalled but at a cabinet meeting on Tuesday, Mr Johnson told ministers he was “confident” of the government’s arguments.
He told the BBC on Monday he had the “greatest respect for the judiciary”, and its independence was “one of the glories of the UK”.
Downing Street has refused to speculate on how the government might respond should they lose this court case.
Pressed this morning, the Justice Secretary, Robert Buckland, declined to say whether Parliament would be recalled, or indeed whether the prime minister might seek to suspend Parliament for a second time.
Mr Buckland said any decision would hinge on the precise wording of the court judgement.
Nevertheless, defeat would be a significant blow.
It would be the first time in modern history that a prime minister had been judged to have misled Parliament.
And if MPs were recalled, Mr Johnson would almost certainly face contempt of Parliament proceedings, accusations that he’d lied to the Queen, and pressure to reveal more details about his negotiating strategy and his planning for no deal.
Defeat in the Supreme Court would also make it much harder for the prime minister to defy MPs for a second time as he has threatened to do over their bill to block a no-deal Brexit.
Elsewhere on Tuesday, the prime minister has discussed Brexit in a phone call with German Chancellor Angela Merkel.
No 10 said afterwards: “The prime minister reiterated that the UK and the EU have agreed to accelerate efforts to reach a deal without the backstop which the UK Parliament could support, and that we would work with energy and determination to achieve this ahead of Brexit on 31 October.”
Dozens of Palestinians killed in overnight Israeli strikes in central and south Gaza as Red Sea tensions rise.
Here’s how things stand on Monday, January 15, 2024:
Latest updates and human impact
- Israeli attacks continue unabated overnight killing and wounding dozens of civilians in central and southern Gaza. At least 22 people were killed and a large number injured as a result of Israeli forces targeting al-Thalatheni Street in the central Gaza Strip.
- Yemen’s Houthi rebels fired an antiship cruise missile toward an American destroyer in the Red Sea, which was shot down by a US fighter jet, announced US Central Command (CENTCOM) on X.
- This was the first US-acknowledged Houthi attack since the US strikes on Yemen on Friday.
- Hamas released a 37-second video showing three Israeli captives held in Gaza on Sunday, saying they would reveal the fate of the captives on Monday and urging the Israeli government to stop the offensive.
- The Israeli military says it has shifted to a new phase of the war focused on the southern end of Gaza, where almost 2 million internally displaced Palestinians are running out of safe spaces to shelter.
- The Gaza Ministry of Health has said almost 24,000 people have been killed in the Israeli offensive. More than 60,000 people have been wounded in 100 days of war.
Diplomacy
- Israeli Prime Minister Benjamin Netanyahu said on Sunday that his country will pursue its war against Hamas until victory and will not be stopped by anyone, including the International Court of Justice (ICJ).
- The White House said on Sunday that “it’s the right time” for Israel to scale back its military offensive in the Gaza Strip.
- Egypt’s State Information Service (SIS) said in a statement on Sunday that one of the biggest obstacles to the timely delivery of sufficient aid to Gaza was Israeli inspection of the aid. The statement came after Israel blamed Cairo for the delay in aid delivery to Gaza during its defence at the ICJ.
- US Secretary of State Antony Blinken posted on X on Monday, calling for the release of the remaining captives held in Gaza on the 100th day since they were taken by Hamas. He did not mention the Palestinian casualties.
- Australia’s Foreign Minister Penny Wong, who described herself as a “friend of Israel” to the press, will travel to Jordan, Israel, the occupied Palestinian Territories and the United Arab Emirates this week, her office said on Monday.
West Bank raids and violence
- Israeli forces arrested 25 students staging a sit-in in protest against high tuition fees at An-Najah University in Nablus. Al Jazeera’s Hamdah Salhut reported that the protesting students received a text message from Israeli forces telling them to “surrender now”.
- Israeli forces have reportedly raided the family home of Nael al-Barghouti, the longest-serving Palestinian prisoner, in the village of Kobar, in Ramallah, in the occupied West Bank.
- The Israeli army said on Friday that it killed three Palestinian men who infiltrated a West Bank settlement and fired upon soldiers.
- The Israeli military killed two Palestinians after accusing them of ramming their car through a checkpoint near Hebron.
- Local sources reported that Israeli forces bulldozed two Palestinian-owned houses during a Sunday midnight raid in the city of Qalqilya, Palestinian news agency Wafa reported.
- Armed Israeli settlers broke into the village of Burin, south of Nablus, and attacked Palestinian residents’ houses and properties after midnight on Sunday, Wafa reported.
- “Violent raids and arrests have become part of the fabric of daily life in the occupied West Bank,” Al Jazeera’s Mohammed Jamjoom, reporting from Ramallah in the occupied West Bank, said. At least 347 Palestinians have been killed and thousands have been arrested since October 7.
Flames and smoke billow during Israeli attacks against Gaza on October 9, 2023
Human Rights Watch terms Israeli Defence Minister Yoav Gallant’s call for a ‘complete siege’ on Gaza a ‘war crime’.
The Hamas movement has threatened to kill an Israeli hostage every time Israel bombs a Palestinian home without warning as Israel mobilised some 300,000 reservists and imposed a total blockade of the Gaza Strip, denying the enclave’s millions of residents access to food, water and fuel.
The warning from Hamas came on Monday as the death toll from the armed group’s surprise weekend attack climbed to 900 in Israel and revenge attacks by Israeli forces on the besieged Gaza Strip killed more than 700 people and left some 3,700 others wounded.
Residential apartment blocks, hospitals, schools and a mosque have been among the sites attacked by Israeli fighter jets, artillery and drones, according to media reports and witnesses.
Hamas spokesperson Abu Ubaida issued the threat to kill Israelis from the dozens held captive by the armed group. He said an Israeli hostage would be killed for every Israeli bombing of a civilian house without warning.
Israeli Foreign Minister Eli Cohen said more than 100 people were taken captive by Hamas during the deadly cross-border incursion over the weekend.
As Israeli forces conducted intense retaliatory attacks on Gaza on Monday, Israel’s Defence Minister Yoav Gallant drew international condemnation by announcing a total blockade of the densely populated and besieged enclave, which is home to 2.3 million people.
Gallant said Israel would impose a “complete siege” on Gaza. “No electricity, no food, no water, no gas – it’s all closed.”
United Nations Secretary-General Antonio Guterres said he was “deeply distressed” by the siege announcement and warned that Gaza’s already dire humanitarian situation will now “only deteriorate exponentially”.
Guterres also said some 137,000 people were taking shelter with the UN Relief and Works Agency for Palestinian Refugees (UNRWA) at schools across Gaza.
UNRWA said on Tuesday that almost 190,000 people have been displaced in Gaza amid the Israeli attacks and the figure is expected to grow further as the violence intensifies.
Nearly half a million people have also not received food rations this week in Gaza as UN food distribution centres have been forced to remain closed amid the Israeli onslaught, UNRWA said.
Human Rights Watch said Israel’s total blockade on the necessities of life for everyday people in Gaza was a war crime.
“Defense Minister Gallant’s statements are abhorrent,” Omar Shakir, Israel and Palestine director at Human Rights Watch, said in a statement.
“Depriving the population in an occupied territory of food and electricity is collective punishment, which is a war crime, as is using starvation as a weapon of war. The International Criminal Court should take note of this call to commit a war crime,” he said.
Abhorrent. This is a call to commit a war crime by @yoavgallant. The @IntlCrimCourt should take note.
Quote by @OmarSShakir ⤵️ https://t.co/kKVo6YtpI1 pic.twitter.com/neHQMwnXVn
— Human Rights Watch (@hrw) October 9, 2023
Shakir also condemned the threat by Hamas to kill hostages, warning that such action was also a war crime.
“All hostages should be safely released to their families,” he said.
Grotesque. These threatened acts would amount to flagrant war crimes by Hamas’ armed wing. The @IntlCrimCourt will be watching.
Quote from @OmarSShakir ⤵️ https://t.co/FuNtvHe0YG pic.twitter.com/6cnHODLWyZ
— Human Rights Watch (@hrw) October 9, 2023
On the diplomatic front, Egyptian President Abdel Fattah el-Sisi and his Turkish counterpart Recep Tayyip Erdogan called on Hamas and Israel to immediately end violence and protect civilians, the Egyptian presidency said.
Erdogan urged Israel against “indiscriminately” attacking civilians and delivered measured criticism of Hamas, urging both sides to respect the “ethics” of war.
The United Kingdom, French, German, Italian and US governments issued a joint statement on Monday recognising the “legitimate aspirations” of the Palestinian people and supporting equal measures of justice and freedom for Israelis and Palestinians alike.
But the prospect that fighting could spread also alarmed the region and the world.
Lebanese armed group Hezbollah fired rockets into northern Israel in response to at least three of its members being killed in Israeli shelling of Lebanon.
Israel said one of its deputy commanders was also killed in an earlier cross-border raid from Lebanon.
US President Joe Biden holds a bilateral meeting with Israeli Prime Minister Benjamin Netanyahu on the sidelines of the 78th United Nations General Assembly in New York City, the US, September 20, 2023
Social media users, including journalists and observers, are calling out what they call a ‘double standard’.
After Saturday’s surprise attack by the Palestinian group Hamas on Israel, Ukrainian President Volodymyr Zelenskyy took to the social media platform X to offer “condolences go out to everyone who lost relatives or close ones in the terrorist attack”.
He also stated, “Israel’s right to self-defence is unquestionable.”
Many world leaders, including US President Joe Biden and UK Prime Minister Rishi Sunak, shared similar sentiments.
The world is seeing appalling images.
Thousands of rockets raining down on Israeli cities. Hamas terrorists killing not only Israeli soldiers, but civilians on the streets and in their homes.
It’s unconscionable. Israel has a right to defend itself – full stop.
— President Biden (@POTUS) October 7, 2023
European Commission President Ursula von der Leyen stated, “Israel has the right to defend itself – today and in the days to come. The European Union stands with Israel.”
Accusations of Western ‘double standards’
Some social media users have criticised these statements, saying they highlight a double standard.
The world is seeing appalling images.
Thousands of rockets raining down on Israeli cities. Hamas terrorists killing not only Israeli soldiers, but civilians on the streets and in their homes.
It’s unconscionable. Israel has a right to defend itself – full stop.
— President Biden (@POTUS) October 7, 2023
Ukraine’s right to defend itself is praised by most international leaders while Russia’s invasion is condemned, but commentators said the same cannot be said about Israel’s occupation of the West Bank and Gaza.
Aaron Bastani, a leftist British journalist, said on X that there’s a “clear double standard in endorsing terrorism against civilian targets in Ukraine … and condemning it by Palestinians”.
Many users said Western diplomats and media support the Ukrainians who defend their land, but label the Palestinians fighting against Israel as “terrorists”.
https://twitter.com/KhaledBeydoun/status/1710787817415082349?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1710787817415082349%7Ctwgr%5E6acf829869e993177f32aa38aa48c02f38cb7f61%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.aljazeera.com%2Fnews%2F2023%2F10%2F9%2Fwestern-leaders-accused-of-hypocrisy-over-response-to-palestine-ukraine
An illustration of a woman’s face, in which one eye is closed beside a Palestinian flag, and one eye open beside a Ukrainian flag, has been regularly shared as a symbol of the West’s alleged double standards in how the two conflicts are viewed.
https://twitter.com/OnlinePalEng/status/1710994682883273172?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1710994682883273172%7Ctwgr%5E6acf829869e993177f32aa38aa48c02f38cb7f61%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.aljazeera.com%2Fnews%2F2023%2F10%2F9%2Fwestern-leaders-accused-of-hypocrisy-over-response-to-palestine-ukraine
Clips also emerged on social media from a CNN interview with Mustafa Barghouti, the general secretary of the Palestinian National Initiative, in which he posed the rhetorical question, “Why does the United States support Ukraine in fighting occupation – while here they support the occupier, who continues to occupy us?”
The hypocrisy and double standards of western governments and media platforms dealing with situations in Ukraine-Russia and Palestine-Israel blow the mind. Absolute disgrace.
— Said Yacoubi (@AlyacoubiSaid) October 8, 2023
It is not the first time Western nations have been accused of double standards in their stance on the Ukraine war.
Earlier in the year, Amnesty International published a report highlighting the West’s “double standards” on global human rights.
Agnes Callamard, Amnesty’s secretary-general, told Al Jazeera at the time that the occupation of Palestinian territory was a “particularly important one”.
“Without making any comparison between Russia’s aggression and Israel … it is clear the Palestinian people are under a regime of oppression – a regime of occupation and a regime of apartheid,” Callamard told Al Jazeera.
Over the last three days, X users recirculated earlier statements calling out what they called Western hypocrisy, sharing video by the Irish lawmaker Richard Boyd Barrett from March 2022 in which he berated the Irish government’s double standards regarding Ukraine and Palestine:
“You’re happy to use the most strong and robust language to describe the crimes against humanity of [Russian President] Vladimir Putin, but you will not use the same strength of language when it comes to describing Israel’s treatment of the Palestinians.”
Barrett on Sunday again called out what he described as “shocking double standards of Western leaders supporting Ukraine resistance but condemning Palestinian[s].”
Meanwhile, others warned against comparing conflicts.
https://twitter.com/denfordauthor/status/1710993737738768607?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1710993737738768607%7Ctwgr%5E6acf829869e993177f32aa38aa48c02f38cb7f61%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.aljazeera.com%2Fnews%2F2023%2F10%2F9%2Fwestern-leaders-accused-of-hypocrisy-over-response-to-palestine-ukraine
And some cautioned that Hamas and the Palestinians should not be seen as one and the same.
Just to clarify:
Palestine did not mount an attack on Israel. An Iranian proxy militia did. Palestinians are by and large huddled in their homes praying that an Israeli airstrike won't kill them or theirs. Hamas is the culprit here. This isn't a decentralized grassroots thing.
— Romeo Kokriatski (@VagrantJourno) October 9, 2023
Ukrainian footballer Oleksandr Zinchenko, who plays for Arsenal, posted on Instagram, stating he “stands with Israel”.
Zinchenko has been a vocal supporter of his home country in its ongoing defence against Russia, and he participated in a Game4Ukraine charity match in London earlier this year to raise money for Ukraine.
After online backlash, with some questioning an alleged double standard in his support of Israel, the footballer removed the post and switched his social media account to private.
Several people claimed that Zinchenko’s football club, in not responding to his comments, was guilty of hypocrisy after they had distanced themselves from former player Mesut Ozil’s comments in 2019 over alleged human rights abuses against Uighur Muslims in China.
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