Permission to Trigger Article 50 must be sought from Parliament

The government has lost the appeal in the Supreme Court relating to the triggering of Article 50 to start the Brexit process. Whilst this is a set-back to Theresa May’s timetable for severing British relations with Europe, it is not entirely unexpected. Eight of the 11 justices felt that it would be unlawful for the government to rely on the powers known as royal prerogative to press ahead with Brexit. Theresa May will have to seek permission from both houses of Parliament as it was held that “it was entirely a matter for Parliament”.

The key points for the ruling are that whilst the 1972 Act, which took Britain into the EU thereby creating the process which caused EU law to be the source of UK law, remains in force it means that EU law is the “independent and overriding” source of the UK’s legal system. Since the 1972 Act does remain in force until such time as Parliament decides otherwise, an exit from the EU would make a fundamental change to Britain’s constitutional arrangements by cutting off the source to EU law. Withdrawal from the EU would also remove some of the existing domestic rights and only Parliament can sanction such changes. 

The government is taking the view that the British people made it clear that they wished to leave the EU and that Brexit will go ahead despite the set-back and that the Supreme Court’s decision will not frustrate the will of the people.

One thing is certain the parliamentary debate on Brexit will be both lengthy and lively.

For more information as to the effects of Brexit on individuals or businessses please contact clientservices@giambronelaw.com