Brexit High Court Ruling: Parliament must vote whether or not to leave EU

Mel O'Drama

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Parliament must vote on whether the UK can start the process of leaving the EU, the High Court has ruled.

This means the government cannot trigger Article 50 of the Lisbon Treaty - beginning formal exit negotiations with the EU - on its own.

Theresa May says the referendum - and existing ministerial powers - mean MPs do not need to vote, but campaigners called this unconstitutional.

The government is appealing, with a further hearing expected next month.

A statement is to be made to MPs on Monday but the prime minister's official spokesman said the government had "no intention of letting" the judgement "derail Article 50 or the timetable we have set out. We are determined to continue with our plan".

Labour leader Jeremy Corbyn urged the government "to bring its negotiating terms to Parliament without delay", adding that "there must be transparency and accountability to Parliament on the terms of Brexit".

And UKIP leader Nigel Farage said he feared a "betrayal" of the 51.9% of voters who backed leaving the EU in June's referendum and voiced concern at the prospect of a "half Brexit".

BBC assistant political editor Norman Smith said, if the court's decision was not overturned, there could be delays with potentially "months and months" of parliamentary hurdles.

But there was not yet "clarity" - if the judgement was not overturned - on whether there would be a "short, sharp" vote or whether Parliament would have to consider complex legislation, he added.

He predicted that, although a majority of MPs had backed the Remain campaign, most would ultimately be likely to vote for Article 50, as Brexit had been supported in the referendum.

The prime minister has said she will activate Article 50, formally notifying the EU of the UK's intention to leave, by the end of next March.

The other 27 member states have said negotiations about the terms of the UK's exit - due to last two years - cannot begin until Article 50 has been invoked.

Investment manager Gina Miller, who brought the case, said outside the High Court that the government should make the "wise decision of not appealing".

She said: "The result today is about all of us. It's not about me or my team. It's about our United Kingdom and all our futures."




Analysis - BBC political correspondent Eleanor Garnier

It is one of the most important constitutional court cases in generations. And the result creates a nightmare scenario for the government.

Theresa May had said she wanted to start Brexit talks before the end of March next year but this ruling has thrown the prime minister's timetable up in the air.

Campaigners who brought the case insist it was about "process not politics", but behind the doors of No 10 there will now be serious head-scratching about what the government's next steps should be.

This decision has huge implications, not just on the timing of Brexit but on the terms of Brexit. That's because it's given the initiative to those on the Remain side in the House of Commons who, it's now likely, will argue Article 50 can only be triggered when Parliament is ready and that could mean when they're happy with the terms of any future deal.

Of course, it will be immensely difficult to satisfy and get agreement from all those MPs who voted to remain. Could an early general election be on the cards after all?

But a government spokesman announced it would contest the ruling, in the Supreme Court.

He said: "The country voted to leave the European Union in a referendum approved by Act of Parliament. And the government is determined to respect the result of the referendum. We will appeal this judgement."

Government lawyers had argued that prerogative powers were a legitimate way to give effect "to the will of the people".

But the Lord Chief Justice, Lord Thomas of Cwmgiedd, declared: "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."

The three judges looking at the case found there was no constitutional convention of the royal prerogative - powers used by ministers - being used in legislation relating to the EU.

They added that triggering Article 50 would fundamentally change UK people's rights - and that the government cannot change or do away with rights under UK law unless Parliament gives it authority to do so.

Calling the case "a pure question of law", Lord Thomas said: "The court is not concerned with and does not express any view about the merits of leaving the European Union: that is a political issue."

Reacting to the ruling, International Trade Secretary Liam Fox told the House of Commons the government was "disappointed" but remained "determined to respect the result of the referendum".

'Give people a chance to say no'
He added: "There will be numerous opportunities for the House to examine and discuss what the government is negotiating.

"When we are clear about the position we will adopt, then Article 50 will be triggered but, given the nature of the judgement this morning, we will now have to await the government's appeal to the Supreme Court."

Mr Farage said: "We are heading for a half Brexit."

He added: "I worry that a betrayal may be near at hand... I now fear that every attempt will be made to block or delay the triggering of Article 50. If this is so, they have no idea of the level of public anger they will provoke."

Mr Corbyn said: "This ruling underlines the need for the government to bring its negotiating terms to Parliament without delay. Labour respects the decision of the British people to leave the European Union. But there must be transparency and accountability to parliament on the terms of Brexit."

But Liberal Democrat leader Tim Farron, a supporter of remaining in the EU, said: "Ultimately, the British people voted for a departure but not for a destination, which is why what really matters is allowing them to vote again on the final deal, giving them the chance to say no to an irresponsible hard Brexit that risks our economy and our jobs."


http://www.bbc.co.uk/news/uk-politics-37857785
 

Angela Channing

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So much for living in a democracy!

No, that is how democracy works.

The Parliamentary bill the granted the referendum stated that the result was advisory only which meant that Parliament would have to vote on accepting the referendum result. Teresa May tried to ride rough shod over Parliament and democracy and rightly had her wings clipped by the High Court because she was acting illegally. If the Tories wanted a binding referendum that didn't require Parliament to vote on accepting it, they should have put it in the legislation that grated the referendum. Governments have to act within the law otherwise we might as well have anarchy.

This government's entire handling of Brexit has been shambolic and this is just another example of the chaos they have created.
 

montyc

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No, that is how democracy works.

The Parliamentary bill the granted the referendum stated that the result was advisory only which meant that Parliament would have to vote on accepting the referendum result. Teresa May tried to ride rough shod over Parliament and democracy and rightly had her wings clipped by the High Court because she was acting illegally. If the Tories wanted a binding referendum that didn't require Parliament to vote on accepting it, they should have put it in the legislation that grated the referendum. Governments have to act within the law otherwise we might as well have anarchy.

This government's entire handling of Brexit has been shambolic and this is just another example of the chaos they have created.

Exactly, AC.
 

Angela Channing

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Also the judges that made the ruling have been threatened by Brexit supporters when they are just doing their job, pointing out to our right-wing government that they are attempting to act illegally by not involving Parliament in the process. It's absolutely disgusting that this government is not defending the judges' right to do their job without being intimidated by Brexit supporters.

We do not live in a Teresa May dictatorship, the people we elected to represent us have a right to be involved in decisions about the kind of Brexit we are going to have rather than it being forced on us in the undemocratic way that this Prime Minister is attempting.
 

Emelee

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As a non-UK European in the EU, this has become absolutely ridiculous!! Didn't anyone know this before?
The exit is dragging out so long that it takes energy & time away from the EU to do better things.

The people voted to leave, David Cameron promised to follow the result, Teresa May promised the same. And now it turns out they were in no position to promise what they promised.

And as they plan the exit, they want to keep many of the benefits countries have for being members. I'll say NO F*ING WAY!!!!

The longer this takes, the more I want the UK to just leave already. Stop slowing things down for the rest of us.

The Brexit voters used their votes to pull the index finger to politicians and the EU. They voted with either hate or disappointment. The EU can't grant them benefits they should not recieve. Nor should they be patient when the UK leaders promise one thing and then can't follow through.

That's the thing with democratic votes. There are no "oopses" or do-overs. Granted, sometimes one wishes there were, but there aren't. If the majority votes for Brexit, Hitler or anti-gay laws -- no matter what they vote for -- there are no do-overs. If you promise the democratic election will determine the decisions, you must know that's not going to be an issue.
 

Angela Channing

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As a non-UK European in the EU, this has become absolutely ridiculous!! Didn't anyone know this before?
The exit is dragging out so long that it takes energy & time away from the EU to do better things.

The people voted to leave, David Cameron promised to follow the result, Teresa May promised the same. And now it turns out they were in no position to promise what they promised.

And as they plan the exit, they want to keep many of the benefits countries have for being members. I'll say NO F*ING WAY!!!!

The longer this takes, the more I want the UK to just leave already. Stop slowing things down for the rest of us.

The Brexit voters used their votes to pull the index finger to politicians and the EU. They voted with either hate or disappointment. The EU can't grant them benefits they should not recieve. Nor should they be patient when the UK leaders promise one thing and then can't follow through.

That's the thing with democratic votes. There are no "oopses" or do-overs. Granted, sometimes one wishes there were, but there aren't. If the majority votes for Brexit, Hitler or anti-gay laws -- no matter what they vote for -- there are no do-overs. If you promise the democratic election will determine the decisions, you must know that's not going to be an issue.

Our right-wing government in the UK has cocked this up for beginning to end. They botched the original legislation that enabled the referendum to take place and they are now trying to blame remainers for their mistake. This right-wing government's incompetence would be laughable if people's jobs, services and lives weren't being affected.
 

Mel O'Drama

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A number of MPs have gone on record as being ready to vote against triggering Brexit.

Sadly, I don't think it will make a difference to the outcome. Article 50 will be triggered and the UK will leave the EU.

All the same it's heartening to know that there are people who recognise that the referendum process was flawed and the implications only clear to many after the process had ended.
 

Sarah

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I'm sickened by Brexit.

Northern Ireland had a majority vote to remain, but as usual we are having to go along with England (and yes Wales). I'm Irish by birth and thank God I have an Irish passport. The whole thing disgusts me. I hope Ireland will become united asap.
 

Angela Channing

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I'm sickened by Brexit.

Northern Ireland had a majority vote to remain, but as usual we are having to go along with England (and yes Wales). I'm Irish by birth and thank God I have an Irish passport. The whole thing disgusts me. I hope Ireland will become united asap.

I envy you. I am disgusted that my citizenship of the EU will be taken from me without my consent and sadly I don't have dual nationality with any other EU state that I can fall back on.
 

Sarah

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I envy you. I am disgusted that my citizenship of the EU will be taken from me without my consent and sadly I don't have dual nationality with any other EU state that I can fall back on.

That's the only part where we are lucky AC. :( I'm sorry for you and understand that pain. It makes me really angry - I just wish we had someone speaking out for us the way Nicola Sturgeon speaks for Scotland. I always feel like Northern Ireland is England's forgotten little younger brother. We are very much part of the UK too and should have more of a say.
 

Angela Channing

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That's the only part where we are lucky AC. :( I'm sorry for you and understand that pain. It makes me really angry - I just wish we had someone speaking out for us the way Nicola Sturgeon speaks for Scotland. I always feel like Northern Ireland is England's forgotten little younger brother. We are very much part of the UK too and should have more of a say.

I have real fears for Northern Ireland because of the very real possibility of the border with the Republic having to be closed as a result of Brexit and how this might disrupt the peace plan. The consequences of Brexit are very serious and it's no surprise that Northern Ireland voted for remain, it's a pity that England and Wales didn't do the same.
 
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