Brexit

#Brexit: Supreme Court says UK parliament must give Article 50 go-ahead

Published

9 years ago

January 24, 2017

The UK parliament must vote on whether the government can start the Brexit process, the Supreme Court has ruled.

The judgement means Theresa May cannot begin talks with the EU until MPs and peers give their backing - although this is expected to happen in time for the government's 31 March deadline.

But the court ruled the Scottish Parliament and Welsh and Northern Ireland assemblies did not need a say.

Brexit Secretary David Davis will make a statement to MPs at 12:30 GMT.

During the Supreme Court hearing, campaigners argued that denying the UK Parliament a vote was undemocratic and a breach of long-standing constitutional principles.

But the government said it already had the powers to trigger Article 50 of the Lisbon Treaty - getting talks under way - without the need for consulting MPs and peers.

It said that MPs had voted overwhelmingly to put the issue in the hands of the British people via the referendum.

Reading out the judgement, Supreme Court President Lord Neuberger said: "By a majority of eight to three, the Supreme Court today rules that the government cannot trigger Article 50 without an act of Parliament authorizing it to do so."

The court also rejected arguments that the Scottish Parliament, Welsh Assembly and Northern Ireland Assembly should get to vote on Article 50 before it is triggered.

Lord Neuberger said: "Relations with the EU are a matter for the UK government."

Outside the court, Attorney General Jeremy Wright said the government was "disappointed" but would "comply" and do "all that is necessary" to implement the court's judgement.

A Downing Street spokesman said: "The British people voted to leave the EU, and the government will deliver on their verdict - triggering Article 50, as planned, by the end of March. Today's ruling does nothing to change that."

In his statement to MPs later Brexit Secretary David Davis is expected to give more details on the plans to bring forward a Bill to Parliament.

Foreign Secretary Boris Johnson, a leading Leave campaigner, tweeted: "Supreme Court has spoken. Now Parliament must deliver will of the people - we will trigger A50 by end of March. Forward we go!"

Investment manager Gina Miller, one of the campaigners who brought the case against the government, said Brexit was "the most divisive issue of a generation", but added that her victory was "not about politics, but process".

"I sincerely hope that going forward that people who stand in positions of power and profile are much quicker in condemning those who cross the lines of common decency and mutual respect," she also said.

Her co-campaigner, hairdresser Deir Tozetti Dos Santos, said: "The court has decided that the rights attaching to our membership of the European Union were given by Parliament and can only be taken away by Parliament.

"This is a victory for democracy and the rule of law. We should all welcome it."

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