Brexit impossible without MPs' vote

Three top judges said Prime Minister Theresa May cannot simply ‘trigger article 50’ – the EU exit clause – acting alone.

The result – which means MPs can stop Brexit if they choose – saw the pound to euro rate rise to €1.124 from a low of €1.105 yesterday.

As yet the Brexit process has not begun. It is ‘triggering article 50’, meaning a formal notice to the European Council of a decision to leave, that would start the process, during which the UK would discuss exit terms with the other EU states.

If no agreement is reached in two years – subject only to agreement on an extension by the other states – then the UK would exit the union. The court said the government accepts that once given, notice under article 50 cannot be withdrawn, nor can it be worded conditionally such as saying that parliament must give final approval to any withdrawal agreement that is reached.

The government has said it will appeal the decision, with a provisional date set at the Supreme Court of December 5-8.

The ruling followed a three-day hearing in October and was handed down by Lord Chief Justice Lord Thomas, who sat with the Master of the Rolls, Sir Terence Etherton and Lord Justice Sales.

Government lawyers had argued that Prime Minister Theresa May has the right to trigger article 50 without a decision of parliament using royal prerogative powers, which the Prime Minister may sometimes exercise on behalf of the crown. They said doing so was a suitable way to exercise the “will of the people” as shown in the referendum result.

However the court said the government did not have such power because triggering article 50 would force parliament afterwards to repeal the 1972 European Communities Act by which EU law takes effect in the UK and which the judges said had clearly implied that “parliament intended EU rights to have effect in domestic law”.

The court said in its judgement that it is “an important aspect of the fundamental principle of parliamentary sovereignty… that primary legislation is not subject to displacement by the Crown through the exercise of its prerogative powers” – meaning only parliament can take the decision to annual its previous wishes expressed though the 1972 act. That included the choice to take away such rights as Briton's rights to live in, and have equal treatment in, in other EU states, the court said.

International Trade Secretary Liam Fox told MPs the government is “disappointed” but is still “determined to respect the result of the referendum”.

Investment manager Gina Miller, one of several claimants whose cases were bundled together today, said outside the court that the government should accept the ruling and give up its right to appeal.

A majority of MPs have previously expressed support for remaining in the EU, however it remains to be seen - if the Supreme Court does back the court decision - whether or not they will feel able to vote with their consciences for what they believe is best for Britain or will feel obliged to vote for Brexit because of the referendum result.

In making the judgement the court noted that the Referendum Act 2015, the legal basis for the referendum, was voted through by MPs in a clear context of the referendum being of an advisory nature and it contained no clause stating that the government was obliged to act on it.