THE JUDICIARY yesterday sought to rescue the Parliament from the people with its ruling that the House of Commons must agree before the process of the UK leaving the European Union can begin.
This means the government cannot trigger Article 50 of the Lisbon Treaty, beginning formal exit negotiations with the EU, as instructed by the June referendum, until it has the approval of the Parliament which opposes it. The government has appealed the decision and that appeal will now be heard at the Supreme Court on December 7.
Labour’s Shadow Brexit Secretary Keir Starmer supported the judges saying: ‘It’s clearly an important decision. The Prime Minister was trying to sideline Parliament and the court has ruled against her and reminded her that Parliament is sovereign. She wanted to avoid scrutiny so she characterises those who scrutinise her as trying to frustrate the process.’
Jeremy Corbyn, leader of the Labour Party, commenting on the High Court ruling on triggering Article 50, went along with the ruling trying to be on both sides at the same time: ‘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. Labour will be pressing the case for a Brexit that works for Britain, putting jobs, living standards and the economy first.’
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.’
Government lawyers had argued that prerogative powers were a legitimate way to give effect ‘to the will of the people’ and had been used on a number of occasions concerning the EU.
In his judgement, 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.’ The judiciary and its supporters are making it clear that only a socialist revolution will ensure that the UK leaves the EU. There is no doubt that the working class will rise to the challenge.