Farming News - Brexit: Supreme Court ruling

Brexit: Supreme Court ruling

 

The Supreme Court has ruled that the "Government cannot trigger Article 50 without an act of Parliament authorising it to do so."

On Tuesday morning, the Court rejected the government's arguments, which were reliant on Section 2 of the European Communities Act, and reiterated its first ruling from November 2016. Britain's most senior judges upheld their previous ruling - that Parliament must be consulted before the formal Brexit process begins with the triggering of Article 50 of the Lisbon convention - by a majority of 8 to 3.

Judges denied PM Theresa May’s claims that she could begin the formal Brexit process herself using “prerogative powers” without the approval of Parliament.

Supreme Court President Lord Neuberger said the government doesn’t have to consult with the devolved governments of Wales, Scotland and Northern Ireland, as the triggering of Article 50 is a matter for the UK government.

The government’s Attorney General Jeremy Wright said ”the government is disappointed" but that ministers will comply with the judgement. He said the case was about the Brexit process, not the decision to leave itself, which has already been made, and added, “Enacting that decision [to leave] will be a political matter, not a legal matter.”

Theresa May plans to invoke Article 50 by the end of March. Parliament will now have to debate the exit, which will potentially frustrate the Prime Minister’s plans, but the government is likely to move quickly to publish a bill. Brexit secretary David Davis is expected to make a statement in Parliament later on Tuesday.

Speaking outside the court, Gina Miller, who brought the case, welcomed the ruling which she said means MPs will be able to shape the Brexit decision.