June 18, 2018

Supreme Court says Parliament must give Article 50 go-ahead

bxzParliament must vote on whether the government can start the Brexit process, the Supreme Court has ruled.
The judgement means Theresa May cannot begin talks with the EU until MPs and peers give their backing – although this is expected to happen in time for the government’s 31 March deadline.
But the court ruled the Scottish Parliament and Welsh and Northern Ireland assemblies did not need a say.
Brexit Secretary David Davis promised a parliamentary bill “within days”.
What the Supreme Court case was about
During the Supreme Court hearing, campaigners argued that denying the UK Parliament a vote was undemocratic and a breach of long-standing constitutional principles.
They said that triggering Article 50 of the Lisbon Treaty – getting formal exit negotiations with the EU under way – would mean overturning existing UK law, so MPs and peers should decide.
But the government argued that, under the Royal Prerogative (powers handed to the government by the Crown), it could make this move without the need to consult Parliament.
And it said that MPs had voted overwhelmingly to put the issue in the hands of the British people when they backed the calling of last June’s referendum on Brexit.
What the court said
Reading out the judgement, Supreme Court President Lord Neuberger said: “By a majority of eight to three, the Supreme Court today rules that the government cannot trigger Article 50 without an act of Parliament authorising it to do so.”
He added: “Withdrawal effects a fundamental change by cutting off the source of EU law, as well as changing legal rights.
“The UK’s constitutional arrangements require such changes to be clearly authorised by Parliament.”
The court also rejected, unanimously, arguments that the Scottish Parliament, Welsh Assembly and Northern Ireland Assembly should get to vote on Article 50 before it is triggered.
Lord Neuberger said: “Relations with the EU are a matter for the UK government.”
Government reaction: This will not delay Brexit
Outlining plans to bring in a “straightforward” parliamentary bill on Article 50, Mr Davis told MPs he was “determined” Brexit would go ahead as voted for in last June’s EU membership referendum.
He added: “It’s not about whether the UK should leave the European Union. That decision has already been made by people in the United Kingdom.”

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