QC argues article can be revoked

Politicians need to know all their options on Brexit, including whether the UK can unilaterally halt the process, a lawyer has argued in the European Court of Justice.

Aidan O’Neill QC is representing a cross-party group of politicians who launched the action to determine if the withdrawal process triggered under Article 50 can be halted by the UK on its own, without prior consent of the other 27 EU states.

Those who brought the case argue unilateral revocation is possible, while legal representatives for the UK Government said the case is inadmissible as it deals with a hypothetical situation.

The court also heard from lawyers representing the Council of the European Union and from the European Commission, who both argue revocation is possible but would require unanimous agreement from all member states.

Giving evidence at the court in Luxembourg, Mr O’Neill said it is “fundamental” to the treaties of the EU that an individual member state can unilaterally revoke the decision to withdraw.

Advocate General for Scotland Lord Keen QC, representing the UK Government, said the UK Government does not intend to revoke Article 50 and later confirmed it has no position on revocation.

A written judgment on the case is expected in the coming weeks.