Tuesday, January 24, 2017

Brexit ruling: Supreme Court judges defy Government and empower Parliament


Joe Watts, Siobhan Fenton

Judges find Prime Minister does not have sufficient authority to enact Brexit alone but must consult MPs

The Government will bring a Bill to Parliament to start the legal Brexit process "within days", after the Supreme Court ruled against Theresa May's plans and decreed that MPs were entitled to vote on whether to trigger Article 50.
Sources within the Conservative Party told The Independent legislation could be published by Friday and the initial stages potentially put to a vote by Tuesday or Wednesday next week.

Brexit Secretary Mr Davis told the Commons: "I can announce today that we will shortly introduce legislation allowing the Government to move ahead with invoking Article 50, which starts the formal process of withdrawing  the European Union."
The Supreme Court verdict is a blow for the Prime Minister, albeit one she had expected and had prepared for, after she initially wanted to launch the Brexit process unilaterally.
There is now no doubt that Ms May must seek the permission of MPs, a vote due by the end of March, before invoking Article 50 and starting a two-year countdown to Brexit.
Delivering 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 authorising it to do so."
Lord Neuberger said the judgment was not about the referendum result or a comment on the merits of leaving or staying in the EU.
"The referendum is of great political significance, but the Act of Parliament authorising it did not say what would happen afterwards," Lord Neuberger said, meaning any action taken now must be in keeping with the UK’s constitution.
"So any change in the law to give effect to the referendum must be made in the only way permitted by the UK constitution, namely by an Act of Parliament.
"To proceed otherwise would be a breach of settled constitutional principles stretching back many centuries."
The Independent reported today that ministers were likely to be ready to publish the Bill that MPs will vote on by the end of the week.
After the judgement, Attorney General Jeremy Wright said the Government was "disappointed" by the final decision in its historic battle over who has the right to authorise the start of Brexit.
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