Scots doctor’s Brexit court threat to May
THERESA May could face a fresh court challenge over Brexit, after a retired Scottish doctor claimed the law requires there to be a second referendum on any withdrawal agreement.
Dr Andrew Watt, a former radiologist from Glasgow, sent a ‘letter before action’ to the Prime Minister – usually the first step in taking disputes to court – arguing section two of the European Union Act 2011 requires a referendum before the UK can leave the EU.
He said the Act, which was designed to trigger a referendum in the event of a new EU treaty that would transfer powers to the bloc from the UK, calls for the Government to have a referendum before it can ratify any treaty that amends or replaces the EU.
Watt cited a section of the Act which says there must be a referendum if there is the “conferring on an EU institution or body of power to impose a requirement or obligation on the UK, or the removal of any limitation on any such power of an EU institution or body”.
Watt said: “The Prime Minister has refused to hold a further referendum on withdrawal from the EU. She has overlooked the fact that the European Union Act 2011 requires a referendum before the UK can ratify any withdrawal or related trade agreement with the EU.
“The Prime Minister’s failure to recognise the legal requirement for a further referendum means that she is at high risk of running out of time in the negotiations with the European Union.”
He has asked May to respond to his letter by May 12.