24 January 2017

Financial Times: Supreme Court rules MPs must vote on triggering Brexit

[...]Lord Neuberger, president of the Supreme Court, giving the court’s ruling said UK domestic law will change as a result of the UK ceasing to be party to the EU treaties and so rights of UK residents would be affected. “Therefore, when the UK withdraws from the EU treaties a source of UK law will be cut off. Therefore the government cannot trigger Article 50 without Parliament authorising that course,” he said.

However, three of the 11 justices — Lord Reed, Lord Carnwath and Lord Hughes — disagreed. Lord Neuberger also ruled that on devolution issues, UK ministers are not legally compelled to consult the devolved governments before triggering Article 50.

This is a positive for the government because putting legislation before parliaments in Scotland, Wales and Northern Ireland under the Sewel Convention — which governs the relationship between Westminster and the devolved governments — could have caused delays and political complications for the prime minister’s March timetable. Lord Neuberger said: “The Sewel Convention plays an important role in the operation of the UK constitution but the policing of its scope and operations is not a matter for the courts.”

The government had appealed to the Supreme Court hoping to overturn a successful legal case brought by businesswoman Gina Miller and hairdresser Deir Dos Santos who had argued parliament should not be bypassed in triggering Article 50. Both have suffered threats and abuse on social media for bringing the case. The government argued that Mrs May ought to be able to use the royal prerogative — the residue of powers once held by the monarch — to trigger exit from the EU and that the powers allowed the government to make and unmake international treaties. [...]

Mrs May is expected to rush a brief bill through both Houses of Parliament. The Supreme Court ruling said this bill could be “very short indeed, but that would not undermine its momentous significance”. However, MPs from across the political spectrum will use the occasion to challenge the government’s negotiating tactics and there are concerns that even a short bill could be amended. [...]

Full article on Financial Times (subscription required)

Supreme court judgement

Supreme Court ruling on Article 50: Government statement

The Guardian: Article 50 judgment: key points from the supreme court ruling

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