May to trigger Brexit without vote by lawmakers

Labour leadership hopeful Owen Smith last week said he wanted parliament “to block any attempt to invoke Article 50 until Theresa May commits to a second referendum or a general election on whatever European Union exit emerges at the end of the process”.

The Telegraph is reporting that Theresa May intends to invoke Article 50 – the process by which countries begin negotiations to the European Union – without letting Parliament vote on it first.

A source in her office said that May was “committed to deliver the public’s verdict in June’s referendum” – when 52% voted for Britain to leave the EU.

“We must ensure that the government follows the correct process to have legal certainty and protect the United Kingdom constitution and the sovereignty of parliament in these unprecedented circumstances”, said Kasra Nouroozi, partner at Mishcon de Reya. A majority of MPs had campaigned to remain in the EU.

Attorneys have launched a challenge to May in the hopes of forcing her to hold a vote. The case, which will be heard in the High Court in October, claims that Article 50 can not be invoked until the European Communities Act of 1972 is repealed.

But sources say that because Mrs May believes that “Brexit means Brexit” she will not offer opponents the opportunity to stall Britain’s withdrawal from the EU.

The news comes as Remain-supporters including Tony Blair and Labour leadership candidate Owen Smith threaten to force a Parliamentary vote to halt the UK’s departure form the European Union.

Government lawyers are expected to argue that the Prime Minister can use the royal prerogative to start the process of withdrawing, but those mounting the challenge say this is unlawful because only Parliament can authorise triggering Article 50. He said Europeans want to negotiate in good faith, but that this is partly based on the UK’s promise to propose the specific plan to exit “reasonably quickly”.

“And that was one of the key areas that the British public voted for in the process of taking back control”.

Shadow worldwide trade secretary Barry Gardiner said: ” “The logic of saying the Prime Minister can trigger Article 50 without first setting out to Parliament the terms and basis upon which her Government seeks to negotiate; indeed without even indicating the red lines she will seek to protect, would be to diminish Parliament and assume the arrogant powers of a Tudor monarch.