JUDGES CANNOT WRECK BRITAIN’S EU EXIT
THERESA May must “immediately” initiate legislation to rescue her Brexit plans if judges today uphold a legal challenge to her proposals, Tory MPs said last night.
The Prime Minister will this morning hear the Supreme Court’s decision in the historic case about whether she has the power to formally apply for Britain to leave the European Union.
Ministers are understood to be ready to fast-track legislation through the Commons and Lords if the judges uphold the challenge launched by anti-Brexit campaigner Gina Miller.
Eleven justices at the country’s highest legal body are set to publicly announce their crunch ruling at 9.30.
Their decision could mean fresh approval from Parliament is required before Mrs May can begin formal exit negotiations with other EU leaders.
Today’s judgment follows a ruling by the High Court last November stating that Parliament has the final say on officially deciding that the UK wishes to leave the European Union.
Frustrate
The Government appealed to the Supreme Court to try to overturn the High Court decision that effectively blocks the Prime Minister from activating Article 50, the exit clause in the EU’s rulebook.
Ministers were urged not to delay in seeking parliamentary backing to allow Mrs May to activate Article 50.
Senior Tory backbencher John Penrose, a former constitutional reform minister, said: “If the Supreme Court rules against the Government, ministers should table a short and tightly worded Bill in Parliament immediately.
“MPs and Lords must not frustrate the democratic will of the people.
“We’ve had a referendum, the result must be respected and Article 50 should be triggered by the end of March, according to the Government’s timetable.
“Indeed, the House of Commons has already voted for this by 461 votes to 89.”
Another Tory MP said: “The Government must be ready to act.”
Other Brexit campaigners also urged Mrs May to press ahead with breaking the country’s ties to Brussels as soon as possible. Richard Tice, co-chairman of the pressure group Leave Means Leave, said: “Whatever the decision of the Supreme Court, it is vital the Government moves quickly to trigger Article 50.”
Ukip MEP Gerard Batten, Brexit spokesman for the anti-Brussels party, urged Mrs May to forget about activating Article 50.
Instead, he called for her to seek to repeal the 1972 European Communities Act that legally enshrines the UK’s membership of the European bloc.
“I would urge the Prime Minister to simply repeal the 1972 Act to allow us to immediately start emergency action on immigration, fisheries and other issues,” he said. The Supreme Court judges will also rule on a separate challenge arguing that the Scottish Parliament and other devolved assemblies be given a veto over Brexit.
Scotland’s First Minister Nicola Sturgeon yesterday threatened: “No matter what the court decides…I intend to make sure the Scottish Parliament has the chance to vote on the question of triggering Article 50.”
Mrs May, who was yesterday in the North-west where she held her first regional Cabinet meeting, has said she wants to start the exit process no later than the end of March.
And her spokeswoman yesterday insisted the timetable would remain in place whatever today’s legal decision.
“The Prime Minister has been very clear that we will be sticking to the timetable,” the spokeswoman said.
“Of course in December we had MPs in Parliament backing the fact that we should get on and trigger Article 50 by the end of March.”
Voters backed leaving the EU by 51.9 per cent to 48.1 in last June’s historic referendum.
But critics claim the poll was a consultative plebiscite that is not legally binding on the Government.
THIS morning we at last get a final decision from the Supreme Court on whether the Government will require Parliament’s approval to trigger Article 50 and begin the formal process of leaving the EU. The judges are expected to agree with the High Court’s judgment last year and say that a vote in Parliament will be necessary.
This newspaper is firmly of the belief that the Prime Minister should have the right to withdraw Britain from international treaties – such as those which underpin the EU – without consulting Parliament. Without such powers managing our relations with other countries turns into a bureaucratic nightmare.
It is also impossible to shake the suspicion that, for all their claims to the contrary, the Remoaners behind this court action are still hoping that if they throw enough spanners into the works then Brexit can be delayed.
Reassuringly for the more than 17 million people who voted Leave the Government has been preparing for any eventuality. The required legislation is already in the process of being drawn up. And even previously dissenting voices have now declared that they will support the triggering of Article 50.
Even though a large majority of both MPs and peers backed Remain before the referendum it is unlikely that a significant number will vote against the Government. While a few vocal Remoaners continue to make a nuisance of themselves the majority of parliamentarians are sensible enough to honour the referendum result.
Whatever the Supreme Court decides it will be a relief when this legal rigmarole is over and we can get on with the business of Brexit.