New Brexit legal battle for May
BRITISH Prime Minister Theresa May faces a landmark court ruling tomorrow that could put a dent in her Brexit plans by handing control of the process to restive lawmakers.
The Supreme Court will decide whether she can use her executive power to begin formal talks on leaving the European Union, or whether she must seek prior approval from parliament.
The 11 judges are widely expected to back an earlier high court ruling that the magnitude of Brexit means the process to instigate it can only be introduced through formal legislation.
May has promised to trigger Article 50 of the EU’s Lisbon treaty, beginning two years of divorce talks, by the end of March.
In the event they lose, ministers are preparing to rush emergency legislation through the Houses of Commons and Lords.
The vote on Article 50 should pass, because although May has only a slim majority among MPs, the main opposition Labour Party has agreed not to block it.
But Labour leader Jeremy Corbyn said he would table amendments to the bill demanding ministers protect access to Europe’s single market and workers’ rights.
The Supreme Court ruling could create further complications by stating that devolved governments in Scotland, Wales and Northern Ireland must consent to May’s plans.
And last week the prime minister promised parliament a vote on the final Brexit deal – raising the prospect, however remote, that MPs could reject it.
The original high court decision in November drew outrage from Brexit supporters, who accused the claimants of trying to undo the EU referendum results.
The majority of MPs campaigned against Brexit, but most now accept it will happen.
But May’s announcement last week that she would pull Britain out of Europe’s single market has galvanised some of her critics.
Ministers have refused to speculate on the future vote but Brexit minister David Davis said Britain would be leaving the EU regardless. “The vote will not change that,” he said.