03 November 2016

Financial Times: High Court delivers blow to UK’s Brexit plans

The ruling means the government cannot use its prerogative powers to trigger Article 50. Instead, the court’s declaration means parliament must vote beforehand, raising uncertainties over the length of the EU divorce process and whether MPs will push for amendments to any Brexit bill or even block it.

Giving the court’s decision, Lord Justice Thomas said the rights given by parliament in the European Communities Act 1972 could not be taken away by the government — only by parliament.

“In our judgment, the clear and necessary implication from these provisions taken separately and cumulatively is that parliament intended EU rights to have effect in domestic law and that this effect should not be capable of being undone or overridden by action taken by the Crown in exercise of its prerogative powers,” he said.

The UK government said it would appeal against the decision in the Supreme Court.

Liam Fox, international trade secretary, said the government was “disappointed” but added that “the government is determined to respect the result of the referendum”. [...]

If parliament does have to vote on triggering Article 50, there is a possibility that MPs could block Brexit or table amendments to the legislation decreasing the prospect of a hard Brexit.

There is also the prospect that such legislation could be blocked by the House of Lords. [...]

David Pannick, the lead barrister for the campaigners, also argued that the case was of “fundamental constitutional importance” as it would test the limits of government power.

“The basic truth is that parliament is sovereign and when rights are conferred they cannot be taken away by the executive [government],” he told the court during the three-day hearing last month.

Lord Pannick argued that after the UK leaves the EU “all of these rights fall away. There is simply nothing left. These rights fall away as a consequence of the UK leaving the EU.” [...]

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Article 50 High Court ruling: extracts by the Financial Times (subscription required)

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