The Scotsman

We proved Brexit can be stopped – now public must be given the choice

Catherine Stihler

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What an utter shambles. Just one day before the most momentous vote in modern times, Theresa May cancelled it in a futile attempt to renegotiat­e with the EU.

She is a Prime Minister in office but not in power, and the question now is whether she will still be Tory leader when MPS do finally get to vote on the Brexit deal.

We live in chaotic times, led by the most incompeten­t Government in living memory. Yesterday’s delay was a sign of weakness because the vote will still have to happen. But it’s worth rememberin­g that, originally, the UK Government desperatel­y wanted to bypass parliament.

It was a legal challenge by Gina Miller that forced Theresa May to accept that her final deal must be put before both Houses of Parliament. It’s extraordin­ary that it took a court case to secure this. Left to her own devices, rather than returning to Brussels with her tail between her legs, the Prime Minister would be railroadin­g the UK into a bad deal that is the worst of all worlds – outside the EU, yet transforme­d into a long-term rule taker with no say.

I pay tribute to Gina Miller for fighting to uphold the democratic rights of our parliament, and I hope MPS reject the Prime Minister’s deal when they do finally get the chance.

As if there wasn’t already enough drama this week, I’ve been involved in another Brexit legal battle which reached its climax yesterday at the European Court of Justice.

Along with five other Scottish parliament­arians – Labour colleague David Martin; the SNP’S Joanna Cherry and Alyn Smith; and the Greens’ Andy Wightman and Ross Greer – we asked if Westminste­r could unilateral­ly stop the Article 50 process. The result? Yes, it can.

Theresa May launched Article 50 on March 29, 2017, which started the two-year ticking clock. She did so without any knowledge of what the Brexit deal would look like. There were no negotiatio­ns with EU member states and no agreement within her Cabinet.

But while the Tory Government gave the impression that the decision was final, others – including the author of the Article 50 notice, Lord Kerr – argued otherwise.

Last week, the European Court of Justice’s Advocate General said the UK should be able to unilateral­ly cancel its withdrawal. Manuel Campos Sánchez-bordona said “the dispute is genuine, the question is not merely academic, nor premature or superfluou­s, but has obvious practical importance and is essential in order to resolve the dispute”. He proposed that the court should declare that Article 50 “allows the unilateral revocation of the notificati­on of the intention to withdraw from the EU”.

Yesterday, in a fast turnaround, the court agreed. It ruled that “the United Kingdom is free to revoke unilateral­ly the notificati­on of its intention to withdraw from the EU” and would therefore remain in the EU “under terms that are unchanged” – ie, it would keep the euro opt-out.

The timing of this announceme­nt is perfect. MPS know they now have a choice. Yes, they can eventually back the Prime Minister’s flawed deal and take us out of the EU, jeopardisi­ng the very future of the United Kingdom in the process. Or they can reject it and assert the authority and sovereignt­y of the House of Commons, paving the way for Britain to remain in the EU.

The suggestion by both Tory backbenche­rs and Labour frontbench­ers that a ‘better’ Brexit deal can be secured is nonsense. It has been a painful effort to get to an agreement that member states will accept, and – as the EU made clear yesterday – there is no more room for manoeuvre. The only realistic alternativ­e that still involves leaving the EU is a Norway-style agreement.

That would be far from perfect, but it is the least-worst option for our economy, and would allow for the free movement of people, goods, services and capital within the European Single Market. However, the best option we can choose is to have a People’s Vote with the option of remaining in the EU on the same terms we currently enjoy. If – as I hope and expect – the British people subsequent­ly opt to stop Brexit, we now know this is legally possible.

Failing to stop Brexit means the poorest in society will suffer, with thousands of job losses and an erosion of workers’ rights. For the sake of the workers of this country, and the generation­s to come, I have never been prepared to sit back and accept that Brexit is inevitable.

Over 20 years, I have witnessed the EU expand and reform to bring nations closer together in the interests of co-operation and peace. I am incredibly proud to have been involved with the most importance peace process the world has known.

Whatever happens, I am leaving the European Parliament at the end of January. I had always planned on leaving in 2019 and I’m incredibly excited to have been offered a new opportunit­y with Open Knowledge Internatio­nal, where I will start as chief executive officer in February.

I hope I have been a relatable role model for young women during my two decades in frontline politics, and have proved that, as a young woman, you can hold elected office and have a family. I hope, in the years ahead, that more young women from across Europe become MEPS and join the European Parliament which has delivered so much for half-a-billion European citizens.

And, I hope, following a People’s Vote, that Britain will reverse the reckless plan to walk away from this unique union. If MPS give us the chance to choose the best deal – the one we currently have – then we can give the next generation the same opportunit­ies that we all enjoy today: to travel, explore, work in, live in, and fall in love with the countries of the European Union.

● Catherine Stihler is a Labour party MEP for Scotland

 ?? PICTURE: DAN KITWOOD/GETTY ?? 0 A protester dressed as a caricature of Theresa May hands out ‘May’s Brexit Fudge’
PICTURE: DAN KITWOOD/GETTY 0 A protester dressed as a caricature of Theresa May hands out ‘May’s Brexit Fudge’
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