Britain’s top court hears case that could delay European Union exit
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BRITAIN’S Supreme Court yesterday began a historic hearing to decide whether parliament has to approve the government’s Brexit negotiations, in a highly charged case that could delay the country’s EU exit.
For the first time, all 11 Supreme Court judges convened to hear a challenge by the government against a ruling that Prime Minister Theresa May must seek lawmakers’ approval before starting the process to leave the European Union.
The High Court ruled last month that the government did not have the executive power alone to invoke Article 50 of the EU’s Lisbon Treaty, formally starting exit talks which could take two years.
The decision enraged Brexit supporters and some newspapers who accused judges of thwarting the will of the 52 percent who voted “Leave” in the June 23 referendum.
The vote for Britain to become the first country to leave the 28-nation bloc sent shockwaves across the world and emboldened populists in Europe and the United States.
Supreme Court President David Neuberger said people involved in the case had received threats and abuse and stressed that the judges would rule without any political bias after criticism from Brexit backers.
A parliamentary vote on Article 50 could open the door to pro-EU lawmakers delaying or softening Britain’s withdrawal from the bloc.
Neuberger said the judges were “aware of the strong feelings” surrounding Brexit but “those wider political questions are not the subject of this appeal.”
He told the court: “This appeal is concerned with legal issues, and, as judges, our duty is to consider those issues impartially, and to decide the case according to the law. That is what we shall do.”
He said some parties involved in the case had received threats of “serious violence and unpleasant abuse,” warning that there were “legal powers” to deal with such threats.
Attorney General Jeremy Wright, the government’s chief legal adviser, outlined the government’s case at the start of the four-day, live-broadcast hearing, with a judgment expected in January.
In his opening statement, he said there was a “universal expectation” that the government would implement the referendum result.
He argued that the government had constitutional authority over foreign affairs, including the right to withdraw from treaties, under so-called “royal prerogative powers.”
The royal prerogative is “not an ancient relic but a contemporary necessity,” he said.
If it loses, the government is expected to introduce a short bill — reportedly comprising just three lines of text — which it will then seek to push rapidly through parliament to authorize the triggering of Article 50.
May, who became prime minister after the Brexit vote, has insisted a parliamentary vote on the legislation would not disrupt her plans to trigger Article 50 by the end of March.
However, the opposition Labour Party delivered a blow to the government on Saturday when it announced it would seek to amend any bill, potentially delaying the process.
Labour leader Jeremy Corbyn said the amendment would ensure Britain retains access to the European single market and protect workers’ and environmental rights.
May faces a further potential complication from representatives of Scotland, Wales and Northern Ireland who will argue Article 50 also needs to be approved by the UK’s devolved parliaments.
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