The National - News

Court says that Brexit must go to parliament

Ruling Conservati­ves press on with plans to quit EU, while opposition prepares its strategy when plan goes before MPs

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LONDON // The British government must win parliament’s approval before starting talks to leave the European Union, the country’s supreme court ruled yesterday. The judgment was a setback for prime minister Theresa May, who had wanted to start the process of leaving the EU by invoking Article 50 of the treaty without a vote in the 650-seat parliament.

Her government failed to overturn a high court ruling that said MPs must be consulted in any departure from the bloc.

The legal case has revived divisions within British society after last June’s referendum in which 52 per cent voted to leave the EU after a bitter campaign that split the country.

“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.

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 na- tional parliament had to be involved, he said. The government – led by Mrs May’s right-wing Conservati­ves – lost the original case in November.

It 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 representa­tives in the devolved legislatur­es in Scotland, Northern Ireland and Wales had no legal right to be consulted in the process.

Mrs 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) said they would table amendments to any government legislatio­n to start Brexit, which could cause a delay.

Brexit minister David Davis said that the government would put “straightfo­rward” legislatio­n authorisin­g Mrs May to initiate an exit from the EU 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,” he said.

The decision that devolved parliament­s need not be consulted was a disappoint­ment for Scottish first minister Nicola Sturgeon and pro-Europeans in Wales and Northern Ireland. 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 is “very likely” she will call a referendum on independ- ence, putting further stress on an already troubled 300- yearold union. Attorney general Jeremy Wright said the government was disappoint­ed but the ruling was widely expected.

“The supreme court has spoken. Now, parliament must deliver will of the people – we will trigger A50 by the end of March. Forward we go,” said foreign secretary Boris Johnson, a leading Brexit advocate, on Twitter.

The lead claimant, investment fund manager Gina Miller, said: “No prime minister, no government can expect to be unanswerab­le or unchalleng­ed.” The original high court case in November attracted protests, as well as death threats and racist taunts against Ms Miller.

“Today’s decision has created legal certainty based on our democratic process,” she said.

David Greene, a lawyer for another claimant, hairdresse­r Deir Dos Santos, hailed the ruling as a “victory for democracy and the rule of law”.

Labour leader Jeremy Corbyn said his centre-left 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,” he said.

The party wants provisions included in the bill urging the government to negotiate tariff-free access to the EU’s single market and agree to abide by EU- level protection of workers’ rights. Mrs 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.

 ?? Jonathan Brady / Getty Images ?? Gina Miller welcomes the UK supreme court’s decision that parliament must consent to the launch of Brexit.
Jonathan Brady / Getty Images Gina Miller welcomes the UK supreme court’s decision that parliament must consent to the launch of Brexit.

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