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Legal Advice: Prorogation

Part of the debate – in the House of Commons at 11:37 am on 25th September 2019.

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Photo of Geoffrey Cox Geoffrey Cox The Attorney-General 11:37 am, 25th September 2019

My hon. Friend asks whether this came as a surprise. Quite a lot about the judgment came as a surprise, but that particular part proceeded from a quite strict, narrow interpretation of the Bill of Rights on what was a proceeding. It was interpreted to apply the protection afforded by the Bill of Rights to the core and essential business of Parliament, and it was held by the Supreme Court that such a proceeding—namely, the execution of the Queen’s Commission in the Lords, in the presence of Mr Speaker and those who attended that proceeding—was not sufficiently close to its core and essential business to attract the protection of the Bill. It would, of course, be open to the House to decide to legislate otherwise, and no doubt that is one of the implications of this judgment that will have to be reflected upon in the coming months and years. I know that there was a widespread view that it was indeed a proceeding in Parliament, but the Supreme Court is as entitled to redefine, or at least to take a view of, its definition of the protection afforded by the Bill of Rights as it is to invent a new legal principle, as it did in this judgment.