Brexit Bitesize – Prorogation
This week, the latest Brexit buzz-word is prorogation, as the Government confirms that the Queen has accepted its advice to prorogue Parliament on 10 September until the Queen’s Speech on 14 October.
Legal challenges seeking injunctions and judicial review have been launched by Gina Miller in the English Courts and by a group of MPs in the Scottish Courts.
The legal issues raised are rather opaque. There is no doubt the Government can seek prorogation, indeed it does so every year before the Queen’s speech.
This is however undoubtedly longer than usual and those opposed to the step also question the intent behind the move.
Judicial Reviews usually take place where a Public/Government body is challenged legally for a failure to follow its own rules or legislation – for example Local Authorities and Planning laws.
What is being challenged here is the Government’s advice to the Monarch as to the exercise of her Royal Prerogative. The challenge for the Courts and the claimants is the very fact that there are no rules on how the Royal Prerogative should be applied.
Ours is an unwritten constitution based on conventions and precedent. When we hear talk of a “constitutional crisis” that usually simply means that either a convention has been broken or there is no previous precedent. Here the convention and precedent are that prorogation is for a few days only. Query though whether it is the place of the Court to look at perceived intent as well as departure from convention.
From a legal perspective, the central issue here is that if, as appears likely, the prorogation proceeds as planned then a new precedent is set.
That being so, should a future Government, of whatever colour, look to use the same device to suit its own aims, they will simply be able to cite this as full justification. That being so Brexit is in many ways a “red herring” here, the wider issue is in fact one of constitutional precedent.
If you have any questions about the latest Brexit updates, please contact Partner, Giles Searby at email@example.com or call Giles on 0114 252 1423.
Manufacturer’s Brexit Round Table – Succeeding in International Trade beyond Brexit
Keebles have joined with SITC to discuss key issues facing manufacturing businesses post-Brexit.
Date: Thursday 24 October 2019
Time: 8:30 AM until 11 noon
Venue: Adelphi Room at Crucible Theatre, Norfolk Street, Sheffield, S1 1DA.
Paul Trudgill, Partner and Head of Manufacturing at Keebles LLP – Welcome and Introduction
Nick Patrick, Head of the Sheffield International Trade Centre – The Trusted Trader / Authorised Economic Operator Regime
Giles Searby, Partner at Keebles LLP and Tom Rook, Solicitor at Keebles LLP – Brexit issues in international commercial contracts
Carys Everitt, Legal Director at Keebles LLP – Brexit and international personal data transfers
This is an event for Manufacturers to reflect on the impending Brexit deadline and its impact – deal or no deal – beyond 31 October.
For any further information about the event or to reserve your place, please email firstname.lastname@example.org