Here’s What Happened On Day One Of The Supreme Court Prorogation Hearing

Did the government have anything to say?

Meanwhile, the Advocate General for Scotland, Lord Keen QC, was challenging a ruling of the Inner House of the Court of Session in Edinburgh.

The court ruled last week that Johnson’s advice to the Queen was unlawful because it was “motivated by the improper purpose of stymying Parliament”.

Giving a legal undertaking on behalf of the prime minister, Lord Keen said Johnson will comply with the Supreme Court’s ruling if it concludes his advice to the Queen was unlawful

However, he refused to rule out the possibility Johnson may advise the Queen to prorogue Parliament for a second time.

When asked by Lord Kerr what would happen if the court rules that the prorogation was unlawful, and whether parliament would be recalled, he replied: “It will be then for the Prime Minister to address the consequences of that declaration.”

Lord Keen added: “I have given a very clear undertaking that the Prime Minister will respond by all necessary means to any declaration that the … prorogation was effected by any unlawful advice that he may have given.”

When Lord Kerr asked if it could be taken that the prorogation decision could not be made a second time, Lord Keen replied: “I’m not in a position to comment on that.

“That will have to be addressed by the decision maker.”

Lord Keen added: “If the court finds it was unlawful, the Prime Minister will take the necessary steps to comply with any declaration made by the court.”