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
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.