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.