Babak Belurs

Selasa, 24 September 2019

Supreme Court: Suspending Parliament was unlawful, judges rule - BBC News

Boris Johnson's decision to suspend Parliament was unlawful, the Supreme Court has ruled.

Mr Johnson suspended - or prorogued - Parliament for five weeks earlier this month, but the court said it was wrong to stop MPs carrying out duties in the run-up to Brexit on 31 October.

Commons Speaker John Bercow confirmed MPs would now return on Wednesday.

Supreme Court president Lady Hale said "the effect on the fundamentals of democracy was extreme."

A raft of MPs have now called for the prime minister to resign - Downing Street said it was "currently processing the verdict".

Mr Johnson argued he wanted to carry out the prorogation ahead of a Queen's Speech so he could outline his government's new policies.

But critics said he was trying to stop MPs from scrutinising his Brexit plans and the suspension was far longer than necessary for a Queen's Speech.

Delivering its conclusions, the Supreme Court's president, Lady Hale, said: "The decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification."

Lady Hale said the unanimous decision of the 11 justices meant Parliament had effectively not been prorogued - the decision was null and of no effect.

Mr Bercow said MPs needed to return "in light of the explicit judgement", and he had "instructed the House of Commons authorities to prepare... for the resumption of business" from 11:30 BST on Wednesday.

He said prime minister's questions - which normally takes place on a Wednesday - would not go ahead, though, because Mr Johnson was in New York for a UN summit.

However, Mr Bercow said there would be "full scope" for urgent questions, ministerial statements and applications for emergency debates.

Labour leader Jeremy Corbyn said the ruling showed Mr Johnson's "contempt for democracy", adding: "I invite Boris Johnson, in the historic words, to consider his position."

Mr Corbyn was due to close the Labour Party conference in Brighton with a speech on Wednesday, but has brought it forward to Tuesday afternoon so he can return to Parliament.

Lawyers for the government had argued the decision to prorogue was one for Parliament, not the courts.

But the justices disagreed, unanimously deciding it was "justiciable", and there was "no doubt that the courts have jurisdiction to decide upon the existence and limits of a prerogative power".

The court also criticised the length of the suspension, with Lady Hale saying it was "impossible for us to conclude, on the evidence which has been put before us, that there was any reason - let alone a good reason - to advise Her Majesty to prorogue Parliament for five weeks".

The damage is done

Wow! This is legal, constitutional and political dynamite.

It is worth just taking a breath and considering that a prime minister of the United Kingdom has been found by the highest court in the land to have acted unlawfully in shutting down the sovereign body in our constitution, Parliament, at a time of national crisis.

The court may have fallen short of saying Boris Johnson had an improper motive of stymieing or frustrating parliamentary scrutiny, but the damage is done, he has been found to have acted unlawfully and stopped Parliament from doing its job without any legal justification.

And the court has quashed both his advice to the Queen and the Order in Council which officially suspended parliament.

That means Parliament was never prorogued and so we assume that MPs are free to re-enter the Commons.

This is the most dramatic example yet of independent judges, through the mechanism of judicial review, stopping the government in its tracks because what it has done is unlawful.

Be you ever so mighty, the law is above you - even if you are the prime minister.

Unprecedented, extraordinary, ground breaking - it is difficult to overestimate the constitutional and political significance of today's ruling.

What was the court considering?

The ruling was made after a three-day hearing at the Supreme Court last week which dealt with two appeals - one from campaigner and businesswoman Gina Miller, the second from the government.

Mrs Miller was appealing against the English High Court's decision that the prorogation was "purely political" and not a matter for the courts.

The government was appealing against the ruling by Scotland's Court of Session that the prorogation was "unlawful" and had been used to "stymie" Parliament.

The court ruled in favour of Mrs Miller's appeal and against the government's.

How did those involved in the case react?

Speaking outside the court, Mrs Miller said the ruling "speaks volumes".

"This prime minister must open the doors of Parliament tomorrow. MPs must get back and be brave and bold in holding this unscrupulous government to account," she added.

The SNP's Joanna Cherry, who led the Scottish case, called for Mr Johnson to resign as a result of the ruling.

"The highest court in the United Kingdom has unanimously found that his advice to prorogue this Parliament, his advice given to Her Majesty the Queen, was unlawful," she said.

"His position is untenable and he should have the guts, for once, to do the decent thing and resign."

What about other MPs?

Former Attorney General Dominic Grieve, who has been an outspoken critic of the suspension, said he was "not surprised" by the judgement because of the "gross misbehaviour by the prime minister".

He told the BBC's Victoria Derbyshire programme he was "delighted" the Supreme Court had "stopped this unconstitutional act in its tracks".

But Tory MP Andrew Bridgen said the court's decision was "the worst possible outcome for our democracy" and "an absolute disgrace".

He told the same programme: "What we've got is a Parliament that's completely out of step with sentiment of the country. They're holding out democracy to ransom.

"What we're going to see is the Speaker effectively taking control of Parliament and playing to the Remainers' tune until the 31st of October."

What happened before Parliament was suspended?

Prorogation is a power that rests with the Queen, carried out by her on the advice of the prime minister.

And at the end of August - shortly before MPs returned from their summer recess - Mr Johnson called Her Majesty to advise she suspend Parliament between 9 September until 14 October.

MPs had been expecting to be in recess for some of these weeks for their party conferences.

But unlike prorogation, a recess must be agreed by a vote, and a number of MPs said they would have voted against it to ensure they could scrutinise Mr Johnson's Brexit plans.

The decision to prorogue prompted an uproar from the Commons, especially from MPs who had planned to take control of Parliament to force through a law to block a no-deal Brexit after Mr Johnson said the UK would leave the EU with or without a deal on the Halloween deadline.

Despite only sitting for a week, they did manage to pass that law ahead of prorogation and it received royal assent on 9 September.

What questions do you have about the Supreme Court's decision?

Use this form to ask your question:

If you are reading this page on the BBC News app, you will need to visit the mobile version of the BBC website to submit your question on this topic.

Let's block ads! (Why?)

https://www.bbc.com/news/uk-politics-49810261

2019-09-24 11:14:40Z
52780390506010

PM should resign over prorogation ruling - First Minister Mark Drakeford - BBC News

Boris Johnson should resign after the Supreme Court found his suspension of Parliament is unlawful, First Minister Mark Drakeford has said.

The court's justices found that, in effect, the five-week prorogation never took place.

It is a "victory for the rule of law", Mr Drakeford said.

But Brexiteers called for a general election, with Monmouth MP David Davies saying the prime minister was facing a "pro-EU establishment".

House of Commons Speaker John Bercow has said Parliament will resume at 11:30 BST on Wednesday.

Downing Street said it was "currently processing the verdict".

Mr Drakeford said: "The prime minister tried to play fast and loose with our constitution. The unanimous decision by the Supreme Court is a huge victory for the rule of law.

"Parliament was never prorogued and must now hold this government to account."

He added: "Any normal prime minister would - as a matter of honour - tender their resignation after such a unanimous verdict from the UK's highest court.

"It is the final straw in a pitiful episode for the country."

Prime Minister Boris Johnson controversially announced on 28 August that Parliament would be suspended until mid-October, causing a row with opposition politicians.

The Welsh Government argued it got in the way of the work of the assembly - opposition MPs complained it meant they were unable to properly scrutinise the UK government ahead of Brexit.

Ruling unanimously, the Supreme Court's 11 judges found the PM's advice to the Queen was "unlawful, void and of no effect" when he asked the Queen to suspend Parliament.

The decision "had the effect of frustrating or preventing" parliament from carrying out its functions, it said.

The Supreme Court made its judgement following cases in the English and Scottish courts, the former backed by the Welsh Government, the latter supported by a number of Welsh MPs.

They included Jo Stevens, Cardiff Central Labour MP, who said: "That was a comprehensive demolition by the Supreme Court of the liar we unfortunately have as Prime Minister. He must resign."

Labour's MP for Cardiff South and Penarth Stephen Doughty told the BBC: "He's lied to the Queen, he's acted unlawfully and he's played fast and loose with our constitution and our basic principles.

"The Supreme Court unanimously is upholding our constitution. What he's done is he prevented us as members of Parliament from not only doing our job on Brexit but on so many other issues, from pensions to climate change to health to education."

Plaid Cymru MPs also backed the Scottish case. Party leader Adam Price said: "There is only one response now acceptable by the prime minister to this damning and unanimous judgement by the Supreme Court: Resign."

"After getting rid of this dishonest prime minister Parliament must now move to end the chaos and uncertainty and take it back to the people in a People's Vote so we can finally move on from this dark chapter in our politics."

Westminster Plaid leader Liz Saville Roberts said: "The prime minister has shown himself to be no better than a tin-pot dictator, shutting down democracy to avoid scrutiny."

Some MPs, including Swansea East MP Carolyn Harris, tweeted pictures of themselves returning to the green benches. The House of Commons speaker John Bercow has said he is consulting party leaders.

He said Parliament "must convene without delay".

Welsh Liberal Democrat leader Jane Dodds welcomed the "damning judgement from the courts that confirms the prorogation of Parliament was unlawful and politically motivated".

"Parliament must be recalled now so we can get on with our jobs," she said. "With the Brexit clock still ticking down there isn't a moment to lose."

Monmouth Conservative MP David Davies defended the Tory leader, saying he stood with Mr Johnson "who is doing everything possible to deliver on the clear result of a referendum in the face of a powerful pro EU establishment".

"They want the PM to resign - but they don't want an election," he said.

Former Welsh Conservative assembly group leader Andrew Davies called for an election.

"The courts have had their say, Parliament has had its say, now it's time the people had theirs," he said.

Let's block ads! (Why?)

https://www.bbc.com/news/uk-wales-politics-49810139

2019-09-24 10:04:12Z
52780390506010

Senin, 23 September 2019

Tour company Thomas Cook collapses: Live updates - CNN International

British tourists, flying with Thomas Cook, queue at the Enfidha International Airport in Tunisia September 23, 2019. FETHI BELAID/AFP/Getty Images

Around 600,000 travelers are affected by the collapse of tour operator Thomas Cook.

The countries where the largest numbers of tourists are stranded are Spain, Turkey, Tunisia and Greece.

Here's what affected travelers need to know:

I'm currently on a Thomas Cook holiday. How do I get home?

The Civil Aviation Authority (CAA) will arrange return flights for ATOL-protected travelers currently abroad who were planning to fly back to the UK with Thomas Cook.

What is ATOL? It stands for "Air Travel Organiser's Licence" -- it's a UK financial protection scheme that safeguards most package holidays sold by travel businesses based in the UK.

Basically, it prevents travelers from being left without assistance or facing a financial loss if their travel company stops trading. Which is exactly what happened in the UK on Sunday.

For those currently abroad and due to fly back to the UK with Thomas Cook, the CAA is providing new flights to get them home.

What about hotels?

Now for the bad news: Travelers who only booked hotels through Thomas Cook and not flight-inclusive packages will have to foot the hotel bill themselves.

But if your Thomas Cook holiday included flights, there is specific advice about accommodation.

The CAA says that if you are currently abroad on an ATOL-protected package holiday with Thomas Cook -- or any company which is part of the Thomas Cook Group -- the authority "will seek to guarantee your stay directly with your hotel."

The CAA says it may take a few days to secure these arrangements. In the meantime, do not make a payment to your hotel, unless instructed otherwise by the CAA team.

If you are not ATOL-protected, the CAA says you can't make a claim for out-of-pocket expenses and additional nights of hotel accommodation -- but you may be able to claim from your travel insurer, bank or credit card issuer.

I haven't traveled yet. How do I get a refund?

Don't bother going to the airport. All Thomas Cook flights were immediately canceled following the announcement of the company's shutdown.

As for getting a refund, again, in the UK it all comes down to ATOL. If your holiday was protected, you should be able to file a claim via the ATOL scheme.

Now here's where things get a bit tricky.

The CAA says if you booked a holiday with Thomas Cook but your flights are with an airline unrelated to the Thomas Cook Group, your flights may still be available.

"You are advised to check with the airline if you are still able to travel," says the authority's advice.

"If you wish to travel, you can do so and make a claim to ATOL for the cost of replacing your other travel services. You are not obliged to use your flights and can instead claim a refund under the ATOL scheme."

Let's block ads! (Why?)

https://www.cnn.com/uk/live-news/thomas-cook-dle-intl-hnk/index.html

2019-09-23 14:08:00Z
52780389678619

Tour company Thomas Cook collapses: Live updates - CNN International

Around 600,000 travelers are affected by the collapse of tour operator Thomas Cook.

The countries where the largest numbers of tourists are stranded are Spain, Turkey, Tunisia and Greece.

Here's what affected travelers need to know:

I'm currently on a Thomas Cook holiday. How do I get home?

The Civil Aviation Authority (CAA) will arrange return flights for ATOL-protected travelers currently abroad who were planning to fly back to the UK with Thomas Cook.

What is ATOL? It stands for "Air Travel Organiser's Licence" -- it's a UK financial protection scheme that safeguards most package holidays sold by travel businesses based in the UK.

Basically, it prevents travelers from being left without assistance or facing a financial loss if their travel company stops trading. Which is exactly what happened in the UK on Sunday.

For those currently abroad and due to fly back to the UK with Thomas Cook, the CAA is providing new flights to get them home.

What about hotels?

Now for the bad news: Travelers who only booked hotels through Thomas Cook and not flight-inclusive packages will have to foot the hotel bill themselves.

But if your Thomas Cook holiday included flights, there is specific advice about accommodation.

The CAA says it may take a few days to secure these arrangements. In the meantime, do not make a payment to your hotel, unless instructed otherwise by the CAA team.

I haven't traveled yet. How do I get a refund?

Don't bother going to the airport. All Thomas Cook flights were immediately canceled following the announcement of the company's shutdown.

As for getting a refund, again, in the UK it all comes down to ATOL. If your holiday was protected, you should be able to file a claim via the ATOL scheme.

Now here's where things get a bit tricky.

The CAA says if you booked a holiday with Thomas Cook but your flights are with an airline unrelated to the Thomas Cook Group, your flights may still be available.

"You are advised to check with the airline if you are still able to travel," says the authority's advice.

Let's block ads! (Why?)

https://www.cnn.com/uk/live-news/thomas-cook-dle-intl-hnk/index.html

2019-09-23 12:56:00Z
52780389678619

Tour company Thomas Cook collapses: Live updates - CNN International

Martin Nowell and Pixie Flageul had booked flights with Thomas Cook to Hurghada, Egypt. Sebastian Shukla

Martin Nowell and Pixie Flageul told CNN they opted to try their luck at Gatwick Airport this morning, despite news of Thomas Cook's collapse.

"We thought we would try it until we hit the buffers," said Nowell, explaining that the couple had been due to fly to Hurghada in Egypt.

"We were all packed and ready to go," he added. "Pixie has been looking forward to this for months."

He said the pair had booked their flights through the tour operator, and their hotel through another agency.

"I'm glad we didn’t fly because we could get stuck, and we only have limited means in terms be able to bail ourselves out," Nowell added.

Let's block ads! (Why?)

https://www.cnn.com/uk/live-news/thomas-cook-dle-intl-hnk/index.html

2019-09-23 11:59:00Z
52780389678619

Tour company Thomas Cook collapses: Live updates - CNN International

Travelers await information at Menorca Airport in Spain. Fiona Redding

Fiona Redding, who is currently stuck at Menorca Airport awaiting a flight back to Bristol says she found out about Thomas Cook's collapse after reading a newsletter.

“I found out via the Guardian daily news email when I had already gone through security," Redding told CNN.

“I’ve been here since 8am. It’s not clear what’s going on with flights at the moment, the times keep changing (to later and later). I’m flight-only so not protected by ATOL, unfortunately.”

Despite the delay, Redding says her first thoughts go to the Thomas Cook employees.

“I just feel for the employees -- I’ll get home eventually but they won’t have a job to go back to.”

People writing all this vitriolic stuff about Brexit would do well to remember there are real human beings who will be impacted today and beyond.”

Let's block ads! (Why?)

https://www.cnn.com/uk/live-news/thomas-cook-dle-intl-hnk/index.html

2019-09-23 11:15:00Z
52780389678619

Tour company Thomas Cook collapses: Live updates - CNN International

The Manchester hangar, where Thomas Cook aircraft were parked. Damian Matthews

Damian Matthews had been working at Thomas Cook as a commercial accountant since July, and told CNN he hasn't been told anything about the company collapse.

“I saw in (the) news, security had been hired to lock down our Manchester hangar where I work and that flights are grounded so didn’t seem any point in going in today,” he said.

He posted photos of the hangar today, tweeting that he felt "so privileged to have worked for Thomas Cook Airlines."

He said the airline had been "viable," but after increased media coverage of the crisis, suppliers withdrew and demanded immediate payments.

"Then consumer confidence was gone, so it felt like the end," he said. “I had hoped it’d be rescued but I worked in banking for a long time previously and knew that was going to be unlikely given banks won’t really want to own an airline and the brand was so damaged.”

Damian Matthews said he was glad he took the photos to remember the hangar by. Damian Matthews

Let's block ads! (Why?)

https://www.cnn.com/uk/live-news/thomas-cook-dle-intl-hnk/index.html

2019-09-23 10:46:00Z
52780389678619