Emergency Question: The Supreme Court Judgment

Part of the debate – in the Senedd at 1:46 pm on 24 September 2019.

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Photo of Carwyn Jones Carwyn Jones Labour 1:46, 24 September 2019

We face this afternoon the deepest political crisis that I have seen in my 20 years of politics. I have to say that I have seen at least one Conservative MP attack the Supreme Court—David Davies. He said they were part of a pro-EU establishment. We all, First Minister, are the subject of court judgments sometimes that we don’t like, but we have courts for a reason—they’re there to take decisions. I listened carefully to what the leader of the opposition had to say, and I regret that what is a question of democracy, a question of the constitution, a question of the supremacy of Parliament elected by the people in 2017, a year after the referendum—a year after the referendum—was reduced by him to party political point scoring. He is better than that. He is better than that; he’s somebody who I have respect for, but, really, this is not about party politics.

First Minister, it is an occupational hazard for Ministers to find, when they take a decision in good faith, that the court then says the decision is unlawful. That is not unusual. What is unusual in this case is the Court of Session in Edinburgh said that Parliament had been prorogued for an improper purpose. 'Improper' is a stinging rebuke. The use of the word ’improper’ is a stinging rebuke to the Prime Minister. It implies dishonesty, and it implies that the Prime Minister gave the Queen misleading and illegal advice. That is a step that no Prime Minister has taken before.

A coach and horses has been driven through the constitution; it is no longer fit for purpose. A written constitution depends on people being reasonable and conventions being respected. They have not been. They have not been over the course of the past year, and it puts the Queen in an invidious position. If the Prime Minister comes back to the Queen and asks to prorogue Parliament once again, how can the Queen be sure that the advice she is being given by the Prime Minister is not unlawful? And yet she has no discretion as to what to do. She can be misled by illegal advice from a Prime Minister once again and can’t do anything. That is an invidious position for the Queen to be in. First Minister, given the crisis that we have, is it not time for sense? Is it not time for compromise? Is it not time for reconciliation? And is it not time to have a new Prime Minister?