Britain is no country for old men: Brexit Britain is a country graced by the soaring oratory of a Senior Lawyer called Aiden O'Neill

Sunday 22 September 2019

Brexit Britain is a country graced by the soaring oratory of a Senior Lawyer called Aiden O'Neill

At the age of 59, Aidan O'Neill is scarce 'old' . As a lawyer on top of his game he was appointed Queen's Counsel in England and Wales in 2017 and in fact holds rare 'double silk' status, having became a Scottish QC in 1999.

He was in the news this week because of his combative closing comments, before the 11 Justices of the Supreme Court hearing the prorogation case to reject legal arguments advanced by the Boris Johnson Government that the courts do not have the power to intervene in his decision to prorogue parliament for five weeks.

His speech was delivered in the afternoon of the second day of the emergency hearing at Britain's highest court into whether the Prime Minister’s advice to the Queen, to suspend debates at a time of a national constitutional crisis over Brexit, was lawful.

In contrast with other lawyers who addressed the Supreme Court this week through detailed reference to past cases and subsections of law, QC O’Neill adopted a centuries-long historical perspective and an emotive approach to the nature of Britain's constitution.

His speech, which approached two hours in length, was rich in metaphors. For example, in making the point that the Court represented all four nations in Britain he said : "This Court is very conscious of the symbolism of its creation. I look down at the carpet, it notices what is being said. Symbols speak. Emblems are there for a reason and what we have before us is a Court which picks up four national emblems : a flax, a thistle, a rose and a leek, embraced in an omega - the last instance, embraced in a matrix and presumably, that imagery, that iconography is telling us that the Court cherishes, protects and nourishes the four traditions that together make up this Union. This Court will be well aware that we live in a union state. We don't describe this as a 'union state' but 'a state of nations.'"

He referred to a statue of Nelson Mandela outside the Court as "a reminder of civil resistance against unjust regimes and also a reminder of the triumph of truth and reconciliation, the reinstatement of the rule of law and enlistment of a properly constitutional court."

"Immediately outside the Court is a statue of Abraham Lincoln who, at a time of great constitutional crisis in his own nation, when it was questioning its fundamental identity said : "We are not enemies, but friends. We must not be enemies, though passion may have strained, it must not break our bands of affection touched as surely by the better angels of our nature."

"Those are the images, those are the matters, that is the backdrop against which this Court is determining the issues before it."

Thirty five minutes into his presentation he made the point that the Johnson Government was accountable to Parliament and Parliament was accountable to the people and the to say that the Government is accountable to the people is government by populism. "In the present case the Prime Minister's power to prorogue Parliament has had this intent and effect of impeding Parliament of holding the Government to account at a time when the Government is taking decisions which will have constitutional and irrevocable impact for our country.That fundamentally alters the balance of our constitution. That cannot be a lawful use of the power of prerogative."

His opponent sitting next to him, Sir James Eadie, provided excellent entertainment with his repertoire of body language which ran from boredom to what appeared to be despair. At one point he covered his eyes with his fingers and mute QC O'Neill by sticking his thumb in his ear and at another exercised a barely concealed yawn.

The QC urged the 11 Justices not to make this a “Dred Scott moment,” referring to the landmark 1857 US Supreme Court case that affirmed slave owners rights and paved the way to the American Civil War and “Instead stand up for the truth, stand up for reason, stand up for unity in diversity, stand up for Parliament, stand up for democracy by dismissing this government’s appeal and uphold a constitution governed by laws and not the passing whims of men. What we’ve got here is the Mother of Parliaments being shut down by the Father of Lies.”

His “father of lies” was a Bible reference to the devil, as Jesus in the Gospel of John says of him: “When he lies, he speaks his native language, for he is a liar and the father of lies.”

QC O’Neill finished with : “Lies have consequences but the truth will set us free. Rather than allowing lies to triumph, listen to the angels of your better nature and rule that this prorogation is unlawful and an abuse of power which has been entrusted to the Government. This Government is showing itself unworthy of our trust as it uses the powers of its office in a manner that is corrosive of the constitution and destructive of the system of parliamentary representative democracy on which our union polity is founded.

Enough is enough. Dismiss this appeal and let them know that that’s what truth speaking to power sounds like.”