Court ruling blow to May
British government must have parliament’s approval before Brexit talks, judges insist
THE British government must win parliament’s approval before starting talks to leave the EU, the Supreme Court ruled yesterday in a landmark judgment and setback for Prime Minister Theresa May. The legal case has revived divisions within British society following June’s referendum in which 52% voted to leave the EU after a bitter campaign that split the country.
May had wanted to start the process of leaving the European Union – invoking Article 50 of the treaty – without a vote in parliament, but she failed to overturn a high court ruling that said MPs must be consulted.
“The Supreme Court rules that the government cannot trigger Article 50 without an act of parliament authorising it to do so,” Supreme Court president David Neuberger said in London.
A majority of the 11 judges agreed that withdrawing from the EU meant there would have to be changes to Britain’s domestic laws, and therefore parliament had to be involved, he said.
The government, which lost the original case in November, had argued that it enjoyed executive powers to withdraw from international treaties.
While yesterday’s ruling was a blow to the prime minister, the judges also said politicians in semi-autonomous Scotland, Northern Ireland and Wales had no legal right to be consulted in the process.
May’s government insisted nothing would change the timetable for starting the formal procedure for leaving the EU by the end of March and promised draft legislation within days.
The main opposition Labour Party and the Scottish National Party (SNP) have said they will table amendments to any government legislation to start Brexit, which could potentially cause a delay.
Brexit Minister David Davis defiantly said that the government would put straightforward legislation in place authorising May to initiate Brexit swiftly.
“I trust no one will seek to make it a vehicle for attempts to thwart the will of the people or frustrate or delay the process,” he warned MPs.
“There can be no turning back. The point of no return was passed on June 23 last year.”
The decision that devolved parliaments need not be consulted was a particular blow for Scottish First Minister Nicola Sturgeon. The SNP leader has argued that since Scotland voted to stay in the EU, it should not be taken out against its will and has warned it was very likely she would call a referendum on independence.
Attorney-general Jeremy Wright said the government was disappointed but the ruling was widely expected.
Foreign Secretary Boris Johnson, a leading Brexit advocate during the referendum campaign, said on Twitter: “Now parliament must deliver the will of the people – we will trigger A50 by the end of March. Forward we go!”
Labour leader Jeremy Corbyn said his party would not frustrate the process for invoking Article 50 but would seek to amend the legislation.
“Labour is demanding a plan from the government to ensure it is accountable to parliament throughout the negotiations and a meaningful vote to ensure the final deal is given parliamentary approval,” Corbyn said.
The party wants provisions included in the bill urging the government to negotiate tariff-free access to the EU’s single market and to agree to abide by EU-level protection of workers’ rights.
May has said she wants to leave the single market to restrict immigration and negotiate a new customs deal with the EU, but will seek maximum possible access for British companies.
She has also said Britain will incorporate all existing EU legislation and then parliament will get to choose which laws to adopt, repeal or amend.
She has promised to give both houses of parliament a vote on the final deal.