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24/01/2017
Brexit: Govt Must Get Parliament's Approval
The government must get a Parliament's approval before it can begin the Brexit process, the Supreme Court has ruled.
Prime Minister Theresa May cannot start discussions with the European Union (EU) until MPs and peers give their support.
However, the justices ruled there was no need to consult with the devolved powers in Wales, Scotland and Northern Ireland.
Supreme Court President Lord Neuberger said: "By a majority of eight to three, the Supreme Court today rules that the Government cannot trigger Article 50 without an Act of Parliament authorising it to do so."
Lord Chancellor Elizabeth Truss said: "Our independent judiciary is the cornerstone of the rule of law and is vital to our constitution and our freedoms. The reputation of our judiciary is unrivalled the world over, and our Supreme Court justices are people of integrity and impartiality.
"While we may not always agree with judgments, it is a fundamental part of any thriving democracy that legal process is followed. The government has been clear that it will respect the decision of the court."
Alliance MLA David Ford said he is disappointed the devolved institutions will not be consulted on the Brexit process.
Mr Ford said: "It is welcome the Supreme Court has recognised the sovereignty of Parliament and that the EU referendum was only advisory.
"This means the Government should now produce a much more detailed plan and their Bill may be subject to amendments before it can move through Parliament.
"However, the decision the three devolved assemblies do not need to be consulted does raise significant issues for the future of devolution across the UK, on a wide range of issues and not just membership of the EU. In the longer term, this is likely to create significant debate in all three."
SDLP Leader Colum Eastwood MLA said the judgement marks a "significant and serious departure from our devolution settlement".
Mr Eastwood said: "The SDLP is now the only party standing by the will of the majority of people in Northern Ireland at Westminster. We will be the only voice of the 56% who voted remain.
"Although the Supreme Court disagreed with the view that there is a legal requirement to gain legislative consent from the Assembly, it remains our view that it is a political requirement to gain that consent and this will be top of our agenda in any post-election negotiations.
"That agenda will also include gaining special status for Northern Ireland in the event of Britain leaving the EU.
"Today's judgement is particularly serious given the fact that it is being suggested that the unelected, unrepresentative House of Lords will be permitted a vote yet the devolved regions will not.
"I welcome the part of the judgement which ensures that a vote in Westminster will be required to give consent on the triggering of Article 50. We will submit our own amendments and support any other amendments which protect our interests. We will vote against any Bill which triggers Article 50. I would strongly urge all pro-Remain MPs to join us in this action."
Ulster Unionist MPs, Tom Elliott and Danny Kinahan, said it is welcome that clarity has finally been given on the issue.
In a joint statement they said: "We welcome that the Supreme Court has noted that the devolved administrations will not have a veto on the UK’s decision to withdraw from the EU.
"We joined the European Economic Community as one United Kingdom, and we will leave the European Union as one United Kingdom.
"The challenge now is to secure the best deal for Northern Ireland. It is clear that the failed DUP/Sinn Fein Executive, which has crumbled after 8 months, is incapable of addressing Northern Ireland’s unique needs in Brexit negotiations."
(CD)
Prime Minister Theresa May cannot start discussions with the European Union (EU) until MPs and peers give their support.
However, the justices ruled there was no need to consult with the devolved powers in Wales, Scotland and Northern Ireland.
Supreme Court President Lord Neuberger said: "By a majority of eight to three, the Supreme Court today rules that the Government cannot trigger Article 50 without an Act of Parliament authorising it to do so."
Lord Chancellor Elizabeth Truss said: "Our independent judiciary is the cornerstone of the rule of law and is vital to our constitution and our freedoms. The reputation of our judiciary is unrivalled the world over, and our Supreme Court justices are people of integrity and impartiality.
"While we may not always agree with judgments, it is a fundamental part of any thriving democracy that legal process is followed. The government has been clear that it will respect the decision of the court."
Alliance MLA David Ford said he is disappointed the devolved institutions will not be consulted on the Brexit process.
Mr Ford said: "It is welcome the Supreme Court has recognised the sovereignty of Parliament and that the EU referendum was only advisory.
"This means the Government should now produce a much more detailed plan and their Bill may be subject to amendments before it can move through Parliament.
"However, the decision the three devolved assemblies do not need to be consulted does raise significant issues for the future of devolution across the UK, on a wide range of issues and not just membership of the EU. In the longer term, this is likely to create significant debate in all three."
SDLP Leader Colum Eastwood MLA said the judgement marks a "significant and serious departure from our devolution settlement".
Mr Eastwood said: "The SDLP is now the only party standing by the will of the majority of people in Northern Ireland at Westminster. We will be the only voice of the 56% who voted remain.
"Although the Supreme Court disagreed with the view that there is a legal requirement to gain legislative consent from the Assembly, it remains our view that it is a political requirement to gain that consent and this will be top of our agenda in any post-election negotiations.
"That agenda will also include gaining special status for Northern Ireland in the event of Britain leaving the EU.
"Today's judgement is particularly serious given the fact that it is being suggested that the unelected, unrepresentative House of Lords will be permitted a vote yet the devolved regions will not.
"I welcome the part of the judgement which ensures that a vote in Westminster will be required to give consent on the triggering of Article 50. We will submit our own amendments and support any other amendments which protect our interests. We will vote against any Bill which triggers Article 50. I would strongly urge all pro-Remain MPs to join us in this action."
Ulster Unionist MPs, Tom Elliott and Danny Kinahan, said it is welcome that clarity has finally been given on the issue.
In a joint statement they said: "We welcome that the Supreme Court has noted that the devolved administrations will not have a veto on the UK’s decision to withdraw from the EU.
"We joined the European Economic Community as one United Kingdom, and we will leave the European Union as one United Kingdom.
"The challenge now is to secure the best deal for Northern Ireland. It is clear that the failed DUP/Sinn Fein Executive, which has crumbled after 8 months, is incapable of addressing Northern Ireland’s unique needs in Brexit negotiations."
(CD)
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