Was BREXIT Just Thwarted By UK Court?
Brexit court defeat for UK government
BBC
Parliament must vote on whether the UK can start the process of leaving the EU, the High Court has ruled.
This means the government cannot trigger Article 50 of the Lisbon Treaty – beginning formal exit negotiations with the EU – on its own.
Theresa May says the referendum – and existing ministerial powers – mean MPs do not need to vote, but campaigners called this unconstitutional.
The government is appealing, with a further hearing expected next month.
Rolling reaction to Article 50 court ruling
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Gina Miller: The woman behind the Brexit challenge
The High Court’s judgement in full
Brexit: All you need to know
A statement is to be made to MPs on Monday but the prime minister’s official spokesman said the government had “no intention of letting” the judgement “derail Article 50 or the timetable we have set out. We are determined to continue with our plan”.
Brexit Secretary David Davis said he presumed the court ruling meant an act of Parliament would be required to trigger Article 50 – so would be subject to approval by both MPs and peers.
But the government was going to contest that view in an appeal, saying that the referendum was held only following “a six-to-one vote in the Commons to give the decision to the British people”.
“The people are the ones Parliament represents – 17.4m of them, the biggest mandate in history, voted for us to leave the European Union. We are going to deliver on that mandate in the best way possible for the British national interest,” he told the BBC.
Labour leader Jeremy Corbyn urged the government “to bring its negotiating terms to Parliament without delay”, adding that “there must be transparency and accountability to Parliament on the terms of Brexit”.
But UKIP leader Nigel Farage said he feared a “betrayal” of the 51.9% of voters who backed leaving the EU in June’s referendum and voiced concern at the prospect of a “half Brexit”.
BBC assistant political editor Norman Smith said, if the court’s decision was not overturned, there could be delays with potentially “months and months” of parliamentary hurdles.
He predicted that, although a majority of MPs had backed the Remain campaign, most would ultimately be likely to vote for Article 50, as Brexit had been supported in the referendum.
The prime minister has said she will activate Article 50, formally notifying the EU of the UK’s intention to leave, by the end of next March.
The other 27 member states have said negotiations about the terms of the UK’s exit – due to last two years – cannot begin until Article 50 has been invoked.
Investment manager Gina Miller, who brought the case, said outside the High Court that the government should make the “wise decision of not appealing”.
She said: “The result today is about all of us. It’s not about me or my team. It’s about our United Kingdom and all our futures.”
Analysis – BBC political correspondent Eleanor Garnier
It is one of the most important constitutional court cases in generations. And the result creates a nightmare scenario for the government.
Theresa May had said she wanted to start Brexit talks before the end of March next year but this ruling has thrown the prime minister’s timetable up in the air.
Campaigners who brought the case insist it was about “process not politics”, but behind the doors of No 10 there will now be serious head-scratching about what the government’s next steps should be.
This decision has huge implications, not just on the timing of Brexit but on the terms of Brexit. That’s because it’s given the initiative to those on the Remain side in the House of Commons who, it’s now likely, will argue Article 50 can only be triggered when Parliament is ready and that could mean when they’re happy with the terms of any future deal.
Of course, it will be immensely difficult to satisfy and get agreement from all those MPs who voted to remain. Could an early general election be on the cards after all?
But a government spokesman announced it would contest the ruling in the Supreme Court.
He said: “The country voted to leave the European Union in a referendum approved by Act of Parliament. And the government is determined to respect the result of the referendum.”
Government lawyers had argued that prerogative powers were a legitimate way to give effect “to the will of the people”.
But the Lord Chief Justice, Lord Thomas of Cwmgiedd, declared: “The government does not have power under the Crown’s prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union.”
The three judges looking at the case found there was no constitutional convention of the royal prerogative – powers used by ministers – being used in legislation relating to the EU.
They added that triggering Article 50 would fundamentally change UK people’s rights – and that the government cannot change or do away with rights under UK law unless Parliament gives it authority to do so.
Calling the case “a pure question of law”, Lord Thomas said: “The court is not concerned with and does not express any view about the merits of leaving the European Union: that is a political issue.”
Reacting to the ruling, International Trade Secretary Liam Fox told the House of Commons the government was “disappointed” but remained “determined to respect the result of the referendum”.
‘Give people a chance to say no’
He added: “There will be numerous opportunities for the House to examine and discuss what the government is negotiating.”
Mr Farage said: “We are heading for a half Brexit.”
He added: “I worry that a betrayal may be near at hand… I now fear that every attempt will be made to block or delay the triggering of Article 50. If this is so, they have no idea of the level of public anger they will provoke.”
Mr Corbyn said: “This ruling underlines the need for the government to bring its negotiating terms to Parliament without delay. Labour respects the decision of the British people to leave the European Union. But there must be transparency and accountability to parliament on the terms of Brexit.”
But Liberal Democrat leader Tim Farron said: “Ultimately, the British people voted for a departure but not for a destination, which is why what really matters is allowing them to vote again on the final deal, giving them the chance to say no to an irresponsible hard Brexit that risks our economy and our jobs.”
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http://www.bbc.com/news/uk-politics-37857785