Government loses Supreme Court challenge - but vows not to abandon Brexit timetable

The Supreme Court - the highest court in the land - rejected an appeal by ministers against a High Court judgment blocking their decision to begin Britain's exit from the EU without Parliament having a say.

RULING: Lord Neuberger, President of the Supreme Court, announcing that the Government has lost its appeal. Picture: Supreme Court/PA Wire

Supreme Court justices ruled, by a majority of eight to three, that Prime Minister Theresa May cannot lawfully bypass MPs and peers by using the royal prerogative to trigger Article 50 of the Lisbon Treaty and start the two-year process of negotiating the UK's divorce from its EU partners.

However, Scottish, Welsh or Northern Irish assemblies will not get to veto the process.

The ruling is a blow to Mrs May, who has repeatedly said she intends to trigger Article 50 by the end of March following the clear majority in favour of Brexit in the June 2016 referendum.

It was won by a wide-ranging group of anti-Article 50 campaigners led by investment manager Gina Miller, 51, and hairdresser Deir Dos Santos.

A 10 Downing Street spokesman said: "The British people voted to leave the EU, and the Government will deliver on their verdict - triggering Article 50, as planned, by the end of March. Today's ruling does nothing to change that."

Labour North-East MEP, Paul Brannen said: "This landmark decision denies the government the use of the Royal Prerogative in this situation and will set a major precedent in constitutional law.

"Many people who voted for the UK to leave the EU did so in support of the idea that the Westminster Parliament is sovereign, the ultimate authority and today’s decision firmly reinforces this principle.

“Theresa May’s assertion that Parliament will get a vote on the final Brexit deal is also welcome and will be an opportunity for MPs to make sure a Brexit deal is not reached that sees ordinary people end up worse off."

North-East MEP Jonathan Arnott, who is UKIP’s spokesman for Constitutional Affairs, said: ”I am disappointed by the outcome of this case. There were strong legal arguments put forward on both sides, and ultimately I had hoped that the government's case would prevail because it would have reduced the risk of even greater delay to the British people's decision to leave the European Union.

"Nevertheless, the ruling has now been made. In the United Kingdom, when something goes against us - an election, a referendum, the final process in a legal case - we accept the result and move on. That is the nature of living in a democracy.

"I fully accept that this result has gone against my views, and now it is the responsibility of our Westminster Parliament to enact the will of the British people and get us out of the European Union. 

"Just as I must accept the result of this court case, so too must our MPs and Lords accept the result of the referendum.

"Exactly seven months on from the declaration of the referendum result, we are still waiting for the decision of the people to be enacted. I call upon Parliament now to pass legislation for the United Kingdom to leave the European Union as a matter of extreme urgency.

"The democratically-expressed will of the British people can be frustrated no longer."

Theresa May has already outlined that MPs will get a say on the final Brexit deal and a motion was passed in the House of Commons to keep to the March timetable. In light of today’s decision it remains to be seen whether this deadline can be met.

North-East MEP Paul Brannen MEP said: “Many people who voted for the UK to leave the EU did so in support of the idea that the Westminster Parliament is sovereign, the ultimate authority and today’s decision firmly reinforces this principle.

"By giving MPs a say in the triggering of Article 50 the government will be held accountable under Britain’s conventions of parliamentary scrutiny and democracy which can only be a good thing in this process.

“Theresa May’s assertion that Parliament will get a vote on the final Brexit deal is also welcome and will be an opportunity for MPs to make sure a Brexit deal is not reached that sees ordinary people end up worse off” "

Attorney General Jeremy Wright has said the Government is "disappointed" by the Supreme Court ruling but will comply with it.

ABIDE: Attorney General Jeremy Wright QC outside The Supreme Court in London. Picture: Jonathan Brady/PA Wire

Speaking on the steps of the Supreme Court, Mr Wright said: "Of course the Government is disappointed with the outcome. But we have the good fortune to live in a country where everyone - every individual, every organisation, even government - is subject to the rule of law.

"So the Government will comply with the judgment of the court and do all that is necessary to implement it.

"The court has been very clear throughout this case that it has not been deciding whether the United Kingdom should or should not leave the European Union.

"The people of the United Kingdom have already made that decision.

"Now enacting that decision will be a political matter and not a legal matter."

"The Government will comply with the judgment of the court and do all that is necessary to implement it."

Lord Chancellor Liz Truss defended the independence of the judiciary.

Ministers faced criticism for failing to back the High Court judges when they came under fire from some Brexiteers after their initial ruling last year.

Stressing that the UK would respect the decision of the court, Ms Truss said: "Our independent judiciary is the cornerstone of the rule of law and is vital to our constitution and our freedoms."

Conservative MEP for Yorkshire and The Humber, Amjad Bashir, said all concerned must ensure the UK keeps its Brexit timetable and starts negotiating this spring.

"What is important now is that we do what the voter demanded and allow our Primime Minister to get on with the job of negotiation without delay or restrictions," he added.

"Like most others, our region voted Leave and the electorate will want that mandate carried out in an effective and timely way."

"I was quite relaxed about the original High Court decision because I have never believed MPs would be silly enough to block the will of the people.

"We don't want MPs trying to dictate the Prime Minister's negotiation strategy either, but I don't think they will attempt that now after she so effectively set out her priorities last week.

"She has handled things so well that the court case has turned out not to matter so much either way. Now we need to get on with the hard work of negotiation."

Announcing the ruling, 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."

In their view "Parliament has not imposed any limitation on the Government's prerogative power to withdraw from the Treaties".

Giving a short summary of the court's findings, Lord Neuberger stressed: "The issues in these proceedings have nothing to do with whether the UK should exit from the EU, or the terms or timetable for that exit.

"The main issue is whether the Government can trigger Article 50 without the prior authority of an Act of Parliament.

"The other issues concern the obligations of the UK Government under the devolution legislation before triggering Article 50, and in particular, whether the legislatures in Scotland, Wales and Northern Ireland must be consulted."

Jeremy Corbyn said Labour would not "frustrate the process for invoking Article 50" but will seek to amend the Government's bill.

The Labour leader said his party would seek to amend the legislation the Government has been forced to produce in order to prevent Theresa May allowing the UK to become a "bargain basement tax haven".

"Labour respects the result of the referendum and the will of the British people and will not frustrate the process for invoking Article 50," he said.

"However, Labour will seek to amend the Article 50 Bill to prevent the Conservatives using Brexit to turn Britain into a bargain basement tax haven off the coast of Europe.

"Labour will seek to build in the principles of full, tariff-free access to the single market and maintenance of workers' rights and social and environmental protections.

"Labour is demanding a plan from the Government to ensure it is accountable to Parliament throughout the negotiations and a meaningful vote to ensure the final deal is given Parliamentary approval."