Britain could put forward one-line bill to trigger Article 50 – lawyer says
It raises issues going to the very heart of our constitutional settlement, Mr Wright told the court as he opened the Government’s arguments.
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But the government remained vague on how much insight it will give to parliament and when it will publish the exit plan. However, it did not make any promises on how specific the plan would be. May can’t trigger Article 50 without the approval of Parliament, but didn’t say what sort of approval is needed.
Broad backing behind the motion indicated that few MPs would be willing to block Brexit. That is what we shall do, he said.
One of the judges, Lord Wilson, however, referring to how the United Kingdom entered into the then EEC in 1972, said this was “the result of a joint effort”, between the government and parliament – which passed the European Communities Act.
Lord Pannick said the June referendum which resulted in a clear majority in favour of leaving the European Union was “a very important matter” but had nothing to do with the legal issue before the court, which concerned “who has the power to notify?”
On Tuesday, the EU’s chief Brexit negotiator Michel Barnier said Britain will in fact have only 18 months to extricate itself from the bloc.
The 11 Supreme Court justices are considering the contentious question of whether the Government or Parliament has the power to formally start the divorce proceedings from the EU.
Commenting on the significance of the Supreme Court case, Lord Michael Howard, former leader of the Conservative Party said he’s “confident” the judges will reach the “right decision” and overturn the High Court ruling.
Campaigners have insisted that the decision can only be made by parliament.
Also appearing for the government, James Eadie QC argued that “the power to make war and peace have always been part of the government’s executive powers”, adding: “It’s no small thing to alter the constitutional balance by limiting long-standing powers”.
The justices will hear from a wide range of parties, including the Scottish and Welsh Governments and representatives from Northern Ireland.
The hearing concludes on Thursday and judgment is expected in the new year.
However in the build up to the case this week, the Daily Mail, which was among those to criticize the High Court judges, profiled all 11 Supreme Court judges, giving each a “europhile rating” with four getting a five-star rating and four more getting a one-star rating.
A hairdresser and a financial entrepreneur, Deir Dos Santos and Gina Miller, went to court to argue that leaving the European Union will remove some of their rights, including free movement within the bloc, and that shouldn’t be done without Parliament’s approval.
The suspect has been released on bail while prosecutors consider whether to charge him. A 38-year-old man from Scotland has also been issued a “cease and desist” notice as part of the same investigation.