Sixteen words that could force EU divorce
ASSISTANT POLITICAL EDITOR MINISTERS are considering 16 key words to formally begin Britain’s journey to leaving the European Union as they prepare for defeat in the Supreme Court.
They are so determined to start Brexit talks by the end of March even if judges demand they get parliamentary approval that a Bill just a few sentences long is being drafted. A Whitehall source said the key clause will demand MPs “give permission to the British Government to trigger Article 50 of the Treaty on European Union”.
The draft legislation is being kept as short as possible to stop pro-EU politicians amending it with requests for Theresa May to reveal her Brexit negotiation demands.
“It is going to be a few lines. It is not going to be War and Peace. It is going to be very brief and to the point,” a source familiar with the talks said.
A Government source insisted last night that nothing would be decided on a potential Bill until after the Supreme Court ruling, expected in mid January. However, the fact that ministers are now openly preparing for what could be a bruising parliamentary battle to start Brexit talks shows their lack of optimism at winning the case.
More than 80 journalists from
across the world are expected to gather tomorrow at the Supreme Court for four days of hearings, which will be streamed live online.
Last night Jeremy Corbyn confirmed that Labour will seek to amend any Article 50 legislation that is put before MPs.
The Labour leader told Sky News that the party wants reassurances over “market access and protections” after Brexit before talks begin.
He added that Labour was “respecting” the referendum result, but the move could delay the beginning of Brexit talks it the Supreme Court says MPs need to have a say.
Experts have said that the hearings are the most important test of prerogative powers for a generation, while Mrs May’s authority is on the line after defying calls to drop the case.
Ministers suffered a surprise defeat at the High Court last month, when judges said MPs and peers would need to vote before Article 50 – the mechanism for starting Brexit talks – is triggered.
The Government, which argues they have the right to lodge Article 50 unilaterally under so-called royal prerogative powers, appealed the case.
As well as the Government and the initial claimants – Gina Miller, a legal campaigner and former investment manager, and Deir Tozetti Dos Santos, a hairdresser – others have now joined the case.
The Scottish Government is arguing that MSPs must be consulted while a Northern Irish claim is seeking clarity on Brexit’s impact on the Good Friday Agreement. A pro-Corbyn trade union and pro-Brexit legal campaign have also submitted evidence.
While a decision from the 11 judges is not expected until mid-January, ministers are privately not optimistic of them agreeing with the Government.
“I would say the chances of success are 50-50. It is not an easy wicket, but it doesn’t mean you can’t win the day,” one government figure said.
If the Supreme Court rules that Parliament must approve the start of Brexit talks, then Mrs May’s promise to begin negotiations by the end of March will be in jeopardy.
Fearing the worst, ministers and civil servants are preparing a Bill to be tabled before Parliament within days of defeat to minimise delay.
The main concern is that Labour and Lib Dem peers will use their numerical advantage in the House of Lords – where the Tories do not have a majority – to table amendments. As a result, the Government will make the Bill as short as possible.
The office of John Bercow, the Commons Speaker, has been approached to discuss how the Bill could be rushed through Parliament.
Ministers are also privately issuing warnings that the House of Lords will face reform if they attempt to “frustrate the will of the people”.
This week Labour will test the water with a parliamentary motion to be debated on Wednesday that will demand Mrs May “commit to publishing the Government’s plan for leaving the EU before Article 50 is invoked”.