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January 24 2017

Comment on Article 50 Brexit Ruling

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Commenting on the landmark Supreme Court Brexit ruling, Alexander Pelopidas, Partner at solicitors Rosling King LLP said:

“In a landmark ruling the Supreme Court, by a majority of 8 to 3, held that an Act of Parliament is necessary before the government can invoke Article 50 and begin the process of exiting the EU. In reaching its decision, the Supreme Court held that as removal from the EU will remove some existing rights of UK residents, Parliamentary authority is required. The Supreme Court noted that the referendum was only advisory and that the Act allowing for the referendum failed to specify what the consequences of the referendum would be.    

The decision is a blow to the government and means that it must now propose a bill, for the approval of Parliament, which will allow the government to invoke Article 50. The government will need to tread carefully in respect of the bill that they propose to Parliament which opens the door potentially for politicking. Whilst a one-line bill could, legally, give the government the authority it needs, it could be open to further legal challenge on the basis that it does not provide enough detail. Conversely, a more detailed bill could open the door for MPs to propose various amendments to the bill which could delay its approval and ultimately delay the Prime Minister’s current timetable for Brexit.”

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