Court rules MPs must vote on article 50 Brexit trigger
THE High Court has today ruled that there must be a vote by MPs in parliament on whether the UK can start the process of leaving the European Union.
The decision means the Government has lost its battle to trigger Article 50 of the Lisbon Treaty – beginning formal negotiations with the EU on exit terms – without parliamentary backing.
It had argued that the referendum means MPs do not need to vote, but campaigners who have called this unconstitutional said that today’s verdict is “a victory for parliamentary democracy”.
Lord Chief Justice John Thomas said in his judgement: “The court does not accept the argument put forward by the Government. There is nothing in the text of the 1972 Act to support it.
“In the judgment of the court the argument is contrary both to the language used by Parliament in the 1972 Act and to the fundamental constitutional principles of the sovereignty of Parliament and the absence of any entitlement on the part of the Crown to change domestic law by the exercise of its prerogative powers. The court expressly accepts the principal argument of the claimants.
“For the reasons set out in the judgment, we decide that the Government does not have power under the Crown’s prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union.”
It comes less than a week after a Northern Irish judge rejected challenges to the Brexit process, pushing the issue to the UK’s top court to decide on whether Parliament needs to be involved.
Prime minister Theresa May had previously said that Article 50 triggered by the end of next March but this ruling could now see a further protraction of events and yet more uncertainty.
The UK voted to leave the EU in June’s referendum by a margin of 51.9% to 48.1%.
The EU has been steadfast in saying that the two-year negotiations over the terms of the UK’s exit cannot begin until Article 50 has been invoked.
The Government is appealing the decision and a further hearing will take place at the Supreme Court before the end of the year.
