Boris Johnson speaks to Queen after Supreme Court defeat

The prime minister has spoken to the Queen following the Supreme Court’s ruling that the suspension of parliament was unlawful.

A senior government official said the discussion took place earlier on Tuesday “after the verdict” – but would not reveal if Boris Johnson apologised to the Queen.

“We never in any circumstances discuss the contents of conversations between the prime minister and her majesty,” said the official.

Boris Johnson was found to have acted 'unlawfully' by the Supreme Court
Image: Boris Johnson was found to have acted ‘unlawfully’ by the Supreme Court

The prime minister also held a 30-minute telephone conference with his full cabinet to discuss the court’s ruling – repeating his statement in New York that he disagrees with the decision but respects the judiciary’s independence.

A No 10 source said that Mr Johnson still has confidence in the attorney general despite his advice that the prorogation was legal.

Boris Johnson seen in New York following Supreme Court judgment that prorogation was unlawful
Image: Boris Johnson seen in New York following Supreme Court judgment that prorogation was unlawful

Asked whether Geoffrey Cox maintained the prime minister’s full confidence, the source said: “Yes.”

Following the defeat, Downing Street insisted there was no question of Mr Johnson stepping aside.

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“The PM will not resign following the judgment,” the No 10 source said.

Mr Johnson, who will fly back to the UK overnight, was clearly unhappy with the court’s “unusual judgment” while speaking with reporters.

He said: “I strongly disagree with this decision of the Supreme Court.

“I have the utmost respect for our judiciary, I don’t think this was the right decision, I think that the prorogation has been used for centuries without this kind of challenge.

“I think the most important thing is we get on and deliver Brexit on 31 October, and clearly the claimants in this case are determined to frustrate that and to stop that.”

Leader of the House of Commons Jacob Rees-Mogg will set out the Commons business for the week on Wednesday, but Mr Johnson is not due to land from New York until midday.

The senior government source added: “What is possible tomorrow is statements from the government.”

Lady Hale
Image: Lady Hale said the govt’s advice to the Queen to prorogue parliament was unlawful

Eleven justices were asked to determine the legality of Boris Johnson’s advice to the Queen to prorogue parliament, for what opponents described as an “exceptionally long” period.

The panel held unanimously that Mr Johnson’s advice was unlawful because it had the effect of frustrating parliament.

The Supreme Court also found the prorogation was “void and of no effect” – meaning parliament has not been suspended.

Lady Hale said: “The court is bound to conclude therefore that the decision to advise Her Majesty to prorogue was unlawful because it had the effect of frustrating or preventing the ability of parliament to carry out its constitutional functions.”

Jeremy Corbyn called for Boris Johnson's resignation during his keynote speech
‘This unelected PM should now resign’

Speaking at his party’s conference in Brighton, Labour leader Jeremy Corbyn said: “It shows the prime minister has acted unlawfully in shutting down parliament.

“It demonstrates a contempt for democracy and an abuse of power by him.”

Meanwhile former prime minister Sir John Major said Mr Johnson should make an “unreserved apology”.

“No prime minister must ever treat the Monarch or Parliament in this way again,” he said.

An Attorney General’s Office spokesman said: “We are disappointed that in the end the Supreme Court took a different view. We respect the judgment of the Supreme Court.”

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