High Court Ruling Requires Parliamentary Approval To Trigger Article 50

Some breaking news: The triggering of Article 50 by the UK government could be delayed or halted by . The High Court has put down a verdict stating that Parliament has to agree to beginning the process of leaving the European Union, not the government of the day.

The Conservative government under the leadership of Prime Minister Theresa May have argued since the June referendum that the government will not seek Parliamentary  approval for when the UK will trigger Article 50. Though a campaign lead by Investment manager Gina Miller had taken the case to the High Court, arguing that Parliament only has the power to invoke Article 50, not the government. The government has announced  that they will appeal the verdict in the Supreme Court.

It will be interesting to see what happens next over Brexit, as this verdict could leave problems in the PM’s plans to invoke the leaving process by the end of March next year. If the appeal fails, Parliament will decide when or if to trigger Article 50, and even perhaps how the process will proceed. The government thought that they could decide the moment when to begin the two year process of leaving the EU and future negotiations with the other 27 member states, on their terms, but this seems unlikely now.  

So what now? Either the government is able to just get a yes or no vote in Parliament, meaning MPs decide within a single sitting of the House of Commons (substantive motion), or legislation will have to be passed by Parliament, meaning that it will likely take months and months before the government gains approval to trigger Article 50. If there is requirement for legislation, then MPs could place conditions on the process, leading to further delays. Also, if legislation in required, both houses will vote, and as it currently stands the government does not have majority of seats in the House of Lords. And as we know most Lords are against leaving the EU. So if the House of Lords votes against the wishes of the people this could make the process even more problematic.

As majority of the people voted to leave the EU, most MPs will likely vote in favour of invoking Article 50, as not to go against their electorate's wishes. Although after the decrease in the pound over the last few months and the slight shock to the economy, some voters might decide to call for their MP to vote against invoking Article 50. We will just have to see what transpires after the Supreme Court appeal and the judgement of Parliament of when and how the UK leaves the EU.

I thing this judgement by the High Court was a great win for parliamentary democracy, as it gives the power back to the legislative and thus the people. I was not in favour of the government having sole authority to decide when to trigger Article 50, and how the process of negotiations with the EU will proceed. I voted to remain in the EU, but I support the democratic decision of the majority of the people. Though, I do not support any hard Brexit that will effect the economy and the future of the UK. As I have stated in earlier posts on this issue, the UK will still need access to the single market, even if that requires signing up to the 'freedom of movement.' So I hope that this ruling by the High Court will allow for a more substantive debate and a more democratic outcome in future negotiations between the UK and the other 27 EU member states, rather then one decided by the Conservative government.

Decision Time for the United Kingdom: In or Out of Europe

Decision time for the UK public is only four months away, with the announcement by Prime Minister David Cameron, that the referendum will take place on the 23^rd June, giving the UK public the decision to either stay in the European Union or leave. So the next few months will be spent campaigning from both sites to gather support from the public. As it’s not a general election, politicians to not have to be united under party lines, instead they can choose either the in or out groups to support. The campaigns have already begun months, if not years ago, and now that the referendum date has been announced, both groups will be hitting the streets. 

Not A Bad UK-EU Reform Deal

Over last few months David Cameron has been jetting around European capitals, especially in Eastern Europe, trying to gain support for his planned reforms of the EU and the UK relationship with the Union. All that effort was to get leaders from member states to agree to a package of reforms from the EU, to take back to the UK public, before a planned in or out referendum. Last year the PM wanted a better deal for the UK, and outlined a number of measures that he thought may persuade the UK people to vote to stay in the EU. Some of these included, restricting access to in-work-benefits for nationals from other EU countries until after 4 years’ residency; safeguarding rights of non-Euro members from closer financial integration and material disadvantage from Euro zone members; reduce excessive regulations; Allow the UK to opt out of an “ever closer union,” and give more powers back to the national parliaments.

Cameron took these measures to the European Council leaders’ summit last Thursday, and after two long days, got an agreement with the EU, although not exactly what he wanted, instead one that seems to be agreeable between all of the leaders. From the start of the negotiations, the package presented by Cameron was never going to be fully agreed by all member states, especially the ‘benefit measures,’ with Poland and other Eastern European states disagreeing on this issue. Instead Cameron left Brussels on Friday night with an agreed package including, allowing the UK to put a “ emergency break” on other EU nationals from claiming in-work-benefits for a maximum of 7 years (Cameron wanted 13 years), only in extreme circumstances of high immigration; blocking child benefits claimed by EU working migrants from been sent to children overseas; economic protection for non-Euro members from Euro zone states, and reimbursing bailout funds given by the UK; protection for the City of London’s service industry  from Eurozone regulations; A treaty change to allow for the UK to opt out of a closer union with other member states; a mechanism to allow national Parliaments the power to block EU legislation; make the EU more competitive, by creating better regulations and cutting red tape, and strengthen the internal market; and limits to ‘freedom of movement’ rights for EU national marrying non-EU spouses, and excluding other EU national who are seen as a security risk from entering the UK.

Now with a negotiated agreement in place, two official campaigns can begin debating the issues of why the UK should either leave or stay in the EU. For months, even years, Eurosceptics have argued that the UK would be better off leaving, conjuring up statements of unaccountable bureaucrats in Brussels, take back control of our borders, get sovereignty back, the UK share of the EU budget would be better spent on services here, leaving the EU will allow the UK to take back control over our own trade policy, and so on. Some of these statements or issue do have some merit, and there is a need for reform for a better EU, but perhaps abandoning the project could be an ill-advised path. With so many different opinions and information presented by both sides of the argument, much of it misleading, one feels that much of the public are been misguided and may make an informed chose, with the loudest campaign gaining the most support.

For me anyway, I have taken the time to do some research into the arguments and information presented by both groups, trying to find fact rather than fiction. As I have said above, the EU structure and processes are not perfect and many areas need to be reformed, and as the past few decades have shown, the EU and its member states have and still want to make the Union better, with major changers have taken place, some more welcome then others.