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EU – Brexit Negotiation Documents

The EU will publish all documents, related to negotiations with the UK, which are shared with EU member states.

The EU Commission tweeted on 22 May 2017:

We want full transparency. #Article50 negotiating documents will be released to the public & will be published here.

https://ec.europa.eu/commission/article-50-negotiations-united-kingdom/european-commissions-approach-transparency-article-50-negotiations-united-kingdom_en

https://twitter.com/EU_Commission

The Commission, as European Union negotiator, will ensure a maximum level of transparency during the whole negotiating process.

Commission negotiating documents which are shared with EU Member States, the European Council, the European Parliament, the Council, national parliaments, and the United Kingdom will be released to the public.

Documents wil be provided at

https://ec.europa.eu/commission/publications/article-50-negotiations-united-kingdom_en

Some of the initial documents available are:

Recommendation for a Council Decision authorising the Commission to open negotiations with the UK setting out arrangements for its withdrawal from the EU

https://ec.europa.eu/info/sites/info/files/recommendation-uk-eu-negotiations_3-may-2017_en.pdf

Annex to the Commission recommendation on negotiations with the UK

https://ec.europa.eu/info/sites/info/files/annex-recommendation-uk-eu-negotiations_3-may-2017_en.pdf

European Council (Art. 50) guidelines for Brexit negotiations

http://www.consilium.europa.eu/press-releases-pdf/2017/4/47244658130_en.pdf

Directives for the negotiation of an agreement with the United Kingdom of Great Britain and Northern Ireland setting out the arrangements for its withdrawal from the European Union

http://www.consilium.europa.eu/en/meetings/gac/2017/05/directives-for-the-negotiation-xt21016-ad01re02_en17_pdf/

European Commission receives mandate to begin negotiations with the UK

http://europa.eu/rapid/press-release_IP-17-1405_en.htm

Statement by Michel Barnier at the press conference following the General Affairs Council (Art. 50)

http://europa.eu/rapid/press-release_SPEECH-17-1422_en.htm

EU Article 50 Taskforce

The EU Taskforce on Article 50 negotiations with the UK is in charge of preparing and conducting the negotiations with the UK, taking into account the framework of its future relationship with the European Union.

It is responsible for coordinating the European Commission’s work on all strategic, operational, legal and financial issues related to negotiations with the United Kingdom

Details at

https://ec.europa.eu/info/departments/taskforce-article-50-negotiations-united-kingdom_en

The Chief Negotiator is Michel Barnier and the deputy Chief Negotiator is Sabine Weyand.

Here is an organisation chart of the team dated April 2017

The Great Repeal Bill

The European Communities Act 1972 (ECA) accepted the supremacy of EU law in the UK. The principle of supremacy says that EU law prevails if it conflicts with national law.

The Great Repeal Bill is legislation which will be introduced in the UK to end the supremacy of EU law in the UK.

On the day that the UK officially leaves the EU the European Communities Act 1972 will be repealed and all EU laws currently in force will be converted into UK law.

A White Paper: Legislating for the United Kingdom’s withdrawal from the European Union was presented to Parliament by the Secretary of State for Exiting the European Union, David Davis, on 30 March 2017.

The paper outlines the approach the UK Government will take in order to replace EU laws by equivalent UK laws.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/604514/Great_repeal_bill_white_paper_print.pdf

In his statement to Parliament David Davis said

We have been clear that we want a smooth and orderly exit – and the Great Repeal Bill is integral to that approach. It will provide clarity and certainty for businesses, workers and consumers across the United Kingdom on the day we leave the EU.

The complete statement is available at

https://www.gov.uk/government/speeches/david-davis-commons-statement-on-the-great-repeal-bill-white-paper

Other References

European Communities Act 1972

http://www.legislation.gov.uk/ukpga/1972/68/contents

European Union Act 2011

http://www.legislation.gov.uk/ukpga/2011/12/contents

How the EU works: EU law and the UK

https://fullfact.org/europe/eu-law-and-uk/

EU Law Terminology:

Direct Effect

https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/direct-effect

Regulations
https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/regulations

Directives
https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/directives

Treaty Provisions
https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/treaty-provisions

UK invokes Article 50

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The UK

On the 29 March 2017, Prime Minister Theresa May wrote to European Council President Donald Tusk to notify him of the UK’s intention to leave the EU. The letter was delivered by Sir Tim Barrow, the UK’s ambassador to the EU.

https://www.gov.uk/government/publications/prime-ministers-letter-to-donald-tusk-triggering-article-50

….
Today, therefore, I am writing to give effect to the democratic decision of the people of the United Kingdom. I hereby notify the European Council in accordance with Article 50(2) of the Treaty on European Union of the United Kingdom’s intention to withdraw from the European Union. In addition, in accordance with the same Article 50(2) as applied by Article 106a of the Treaty Establishing the European Atomic Energy Community, I hereby notify the European Council of the United Kingdom’s intention to withdraw from the European Atomic Energy Community.

The letter is 6 pages long and outlines the UK’s approach to negotiations suggesting a number of principles that could be adopted in an attempt to ensure that the negotiations proceed as smoothly as possible:

  1. We should engage with one another constructively and respectfully, in a spirit of sincere cooperation
  2. We should always put our citizens first
  3. We should work towards securing a comprehensive agreement
  4. We should work together to minimise disruption and give as much certainty as possible
  5. We must pay attention to the UK’s unique relationship with the Republic of Ireland and the importance of the peace process in Northern Ireland
  6. We should begin technical talks on detailed policy areas as soon as possible, but we should prioritise the biggest challenges
  7. We should continue to work together to advance and protect our shared European values

The letter also mentions a White Paper will be released tomorrow (30 March 2017) which will provide details of legislation to repeal the European Communities Act 1972 which gives effect to EU law in the UK. (This legislation is also known as the Great Repeal Bill.)

Theresa May gave a statement on the letter in Parliament details of which can be found at

https://www.gov.uk/government/speeches/prime-ministers-commons-statement-on-triggering-article-50

The EU

Donald Tusk responded to the notification letter and mentioned

So, here it is, six pages: the notification from Prime Minister Theresa May, triggering Article 50 and formally starting the
negotiations of the United Kingdom’s withdrawal from the European Union. There is no reason to pretend that this is a happy
day, neither in Brussels, nor in London. After all, most Europeans, including almost half the British voters wish that we would stay together, not drift apart. As for me I will not pretend that I am happy today.

….

On Friday I will share a proposal of the negotiating guidelines with the Member States, to be adopted by the European Council on 29 April.

Full details are available at

http://www.consilium.europa.eu/en/press/press-releases/2017/03/29-tusk-remarks-uk-notification/

A Statement by the European Council (Art. 50) on the UK notification was also issued.

For the European Union, the first step will now be the adoption of guidelines for the negotiations by the European Council. These
guidelines will set out the overall positions and principles in light of which the Union, represented by the European Commission,
will negotiate with the United Kingdom.

In these negotiations the Union will act as one and preserve its interests. Our first priority will be to minimise the uncertainty
caused by the decision of the United Kingdom for our citizens, businesses and Member States. Therefore, we will start by
focusing on all key arrangements for an orderly withdrawal.

We will approach these talks constructively and strive to find an agreement. In the future, we hope to have the United Kingdom as
a close partner.

President Tusk has convened the European Council on 29 April 2017.

Full details are available at

http://www.consilium.europa.eu/en/press/press-releases/2017/03/29-euco-50-statement-uk-notification/

What happens next ?

The withdrawal agreement must be negotiated in accordance with Article 218 (3) of the Treaty on the Functioning of the European Union.

Step 1
An extraordinary European Council will be convened by the President of the European Council, Donald Tusk. (This will happen on 29 April).
The European Council will adopt by consensus a set of guidelines on the orderly withdrawal of the United Kingdom from the European Union. These guidelines will define the overall principles that the EU will pursue during the negotiations based on the common interest of the European Union and of its Member States.

Step 2
After the adoption of the guidelines, the Commission will very quickly present to the Council a recommendation to open the negotiations. This will be agreed by the College of Commissioners, 4 days after the meeting of the European Council.

Step 3
The Council will then need to authorise the start of the negotiations by adopting a set of negotiating directives. They must be adopted by strong qualified majority (72% of the 27 Member States, i.e. 20 Member States representing 65% of the population of the EU27).
Once these directives are adopted, the Union negotiator, as designated by the Council, is mandated to begin negotiations with the withdrawing Member State.

Research Papers from the EU

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The Brexit Negotiations: An Assessment Of The Legal, Political And Institutional Situation In The UK

is an in-depth analysis on the political and institutional situation in the United Kingdom following the referendum on the UK’s withdrawal from the EU, and was prepared by Charles GRANT from the Centre for European Reform.

This research paper was requested by the European Parliament’s Committee on Constitutional Affairs (AFCO) and was commissioned, overseen and published by the Policy Department for Citizens’ Rights and Constitutional Affairs.

http://www.europarl.europa.eu/RegData/etudes/IDAN/2017/583130/IPOL_IDA(2017)583130_EN.pdf

In a number of findings the research concludes that:

The outcome of the Brexit talks will be shaped to a large degree by the EU governments. They are mostly united in taking a hard line. Worried about the cohesion and unity of the EU, they do not want populist leaders to be able to point to the British and say, “They are doing fine outside the EU, let us go and join them.” Exiting must be seen to carry a price.

There are only three possible outcomes of the Brexit talks:

  • a separation agreement plus an accord on future relations including an FTA;
  • a separation agreement but no deal on future relations, so that Britain has to rely on WTO rules;
  • neither a separation agreement nor a deal on future relations, so that Britain faces legal chaos and has to rely on WTO rules

The Impact and Consequences of Brexit for Northern Ireland

is a Briefing paper prepared by Jonathan Tonge from the University of Liverpool in the UK on behalf of European Parliament’s Committee on Constitutional Affairs (AFCO).

http://www.europarl.europa.eu/RegData/etudes/BRIE/2017/583116/IPOL_BRI(2017)583116_EN.pdf

The paper explores the legal position and other issues concerning Northern Ireland in relation to the UK and Ireland and discusses a number of topics:

  • The Legal position
    • UK government legislative dominance over the Northern Ireland Assembly
    • Challenges to the UK government’s domination of the EU withdrawal process
    • The legal upholding of the UK government’s position
    • The impact of EU withdrawal upon legislation for Northern Ireland
  • Issues relating to the Good Friday Agreement
    • Political stances on EU withdrawal
    • The Good Friday Agreement and Northern Ireland Assembly legislation
    • The Good Friday Agreement and EU membership
    • EU membership references in the Good Friday Agreement
    • How can the Good Friday Agreement be revised?
  • Implications of Brexit for Northern Ireland
    • Issues of free movement: The Common Travel Area
    • Cross-border trade, tariffs and the Customs Union

References

More research and analysis papers from the EU can be found at
http://www.europarl.europa.eu/supporting-analyses

The Centre for European Reform is a think-tank devoted to making the EU work better, and strengthening its role in the world. They are pro-European.
https://www.cer.org.uk

Brexit Negotiations – Who’s Who

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Theresa May has indicated that she will invoke Article 50 on Wednesday 29 March 2017. This is the formal notification required to indicate the intention of the UK to withdraw from the EU.

Significant figures in the Brexit negotiations are:

For the UK

Theresa May – Prime Minister, UK

David Davis – Secretary of State for Exiting the EU

Boris Johnson – Foreign Secretary

Philip Hammond – Chancellor of the Exchequer

Liam Fox – Secretary of State for International Trade

For the EU

The UK will be in negotiation with all 3 EU institutions, the European Commission, European Council and European Parliament represented by:

Michel Barnier – European Commission Chief Brexit Negotiator

Didier Seeuws – Council Special Taskforce Chief Negotiator

Guy Verhofstadt – European Parliament Chief Negotiator on Brexit

Notification of Withdrawal Bill

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As a result of the decision of the Supreme Court requiring Parliamentary approval to invoke Article 50, the European Union (Notification of Withdrawal) Bill 2016-17 was introduced to Parliament by David Davis on 26 January 2017.

https://www.publications.parliament.uk/pa/bills/cbill/2016-2017/0132/17132.pdf

Other documents can be found at

http://services.parliament.uk/bills/2016-17/europeanunionnotificationofwithdrawal/documents.html

A briefing paper from the House of Commons Library is available at

Full Report: http://researchbriefings.files.parliament.uk/documents/CBP-7884/CBP-7884.pdf

Summary: http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7884

The Bill is debated, first in the House of Commons and then in the House of Lords.

House of Commons

1st Reading

The Bill was presented to the House of Commons and given its 1st Reading on Thursday 26 January 2017. This stage is formal and takes place without debate.

2nd Reading

The 2nd Reading of the Bill took place over two days on 31 January and 01 February 2017 when MPs could debate the bill. Usually the second reading of a bill is conducted over a single day, but in this case, the time was extended over 2 days due to the importance of the bill. Parliamentary time was also extended to Midnight on the first day.

Jeremy Corbyn imposed a three-line whip on Labour MPs, directing them to vote for the Bill, because the Shadow Cabinet had agreed not to block Article 50. It is called a three-line whip because the instruction from the Labour Chief Whip is underlined three times, meaning MPs must vote as directed or risk being disciplined.

The Bill passed the 2nd Reading by 498 votes to 114 and proceeded to a Committee of the Whole House for consideration of possible amendments to the Bill.

Committee Stage

The Committee stage took place over 3 days 6th, 7th and 8th of February 2017

There were 175 Amendments to the Bill for consideration by MP’s. Details of these amendments are contained in the following documents:

Amendments – Monday 6th February

Amendments – Tuesday 7th February

Amendments – Wednesday 8th February

None of the amendments were accepted, following a number of votes, and the Bill was passed in its original form.

Report Stage and 3rd Reading

MPs approved the 3rd Reading of the European Union (Notification of Withdrawal) Bill on Wednesday (evening) 8 February 2016 by 494 votes to 122, giving a majority of 372.

The Bill was passed to the House of Lords for further scrutiny, possible amendments, and vote.

House of Lords

1st Reading

The Bill passed the 1st reading in the House of Lords on 8 February 2017.

The House of Lords is in recess from 10 February to 20 February

2nd Reading

The 2nd reading of the Bill took place over 2 days, 20th and 21st February 2017.

The 2nd reading of the Bill was completed on 21 February.

Committee Stage

The committee stage of the Bill took place over 2 days 27 February 2017 and 01 March 2017. It was completed on 01 March 2017.

By a vote of 358 to 256, the following amendment was agreed:

Baroness Hayter of Kentish Town moved amendment 9B, in clause 1, page 1, line 3, at end to insert:

“( ) Within three months of exercising the power under section 1(1), Ministers of the Crown must bring forward proposals to ensure that citizens of another European Union or European Economic Area country and their family members, who are legally resident in the United Kingdom on the day on which this Act is passed, continue to be treated in the same way with regards to their EU derived-rights and, in the case of residency, their potential to acquire such rights in the future.”

Report Stage and 3rd Reading

Following the Committee Stage, the Report Stage was held on 7 March 2017, the Bill was discussed in a number of sittings and Amendments were agreed.

This was followed by the 3rd reading of the Bill and after further debate, the Bill was returned to the House of Commons with amendments on 7 March 2017.

The suggested amendments are:

Ping Pong

In order for a Bill to become Law, both the House of Commons and the House of Lords must agree on the final wording in the Bill. If the House of Lords suggests amendments should be made, the Bill is passed back to the House of Commons for further debate, to consider those changes.

This process is known as “ping pong“. If the House of Commons agrees to the amendments the Bill passes on to the next stage, otherwise, the House of Commons can reject the amendments or make further changes/additions and pass the Bill back to the House of Lords for further debate. At this stage the House of Lords can accept what the Commons has decided, or offer further amendments and return it to the House of Commons. This process could continue indefinitely but can be limited by the time available for debate.

It is unlikely that the House of Lords will reject a Bill more than once, and the House of Commons has an option to use the Parliament Act to override (and ignore) amendments made by the House of Lords.

http://www.parliament.uk/about/how/laws/parliamentacts/

The Bill was received back in the House of Commons and debated on 13 March 2017. Both amendments were rejected, Amendment 1 by 335 votes to 287 and Amendment 2 by 331 votes to 286, for the following reasons

The Commons disagree to Lords Amendment 1 for the following reason—

Because it is not a matter that needs to be dealt with in the Bill.

The Commons disagree to Lords Amendment 2 for the following reason—

Because it is not a matter that needs to be dealt with in the Bill.

The Bill was returned to the House of Lords.

After further debate, the House of Lords did not insist on their amendments and the Bill completed its journey through the Houses of Parliament on 13 March 2017.

Royal Assent

This stage is when the Queen formally agrees to make the Bill into an Act of Parliament and becomes Law.

The Bill was granted Royal Assent and announced by the Speaker in the House of Commons on 16 March 2017 who stated:

I have to notify the House, in accordance with the Royal Assent 1967, that her Majesty has signified her royal assent to the following acts: Supply and Appropriation (Anticipation and Adjustments) Act 2017, European Union (Notification of withdrawal) Act 2017.

The Prime Minister can now legally begin the formal process of leaving the EU by invoking Article 50 of the Treaty on European Union (Lisbon Treaty).

Three Knights Opinion

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Law firm Bindmans LLP, based in London UK, has published a legal Opinion “IN THE MATTER OF ARTICLE 50 OF THE TREATY ON EUROPEAN UNION – Opinion“, which considers legal questions arising from the process of leaving the European Union.

This is also known as the Three Knights Opinion.

An article (17th february 2017) discussing the Opinion in more detail is available on Bindmans website at

https://www.bindmans.com/news/withdrawal-bill

The Three Knights Opinion was prepared by Sir David Edward, former judge of the European Court of Justice, Sir Francis Jacobs, that Court’s former Advocate General, and distinguished EU lawyer Sir Jeremy Lever (retired) together with two QCs Helen Mountfield and Gerry Facenna.

It explores the following questions

(i) What are the United Kingdom’s ‘constitutional requirements’ for a decision to withdraw from the European Union, within the meaning of paragraph 1 of Article 50 of the Treaty on European Union (‘TEU’)(‘Article 50’)? Do they include a requirement for an Act of Parliament approving the terms of withdrawal at the end of the Article 50 process?

(ii) Does Article 50 permit the United Kingdom to decide to withdraw from the European Union, and notify its ‘intention’ to do so, subject to the fulfilment of constitutional requirements, such as an Act of Parliament approving the terms of withdrawal? If such constitutional requirements are not satisfied, would the notification lapse, or could it be withdrawn, before the end of the two-year period referred to in the third paragraph of Article 50?

(iii) What is the position if the United Kingdom and the European Union do not reach any agreement?

In summary, the Opinion suggests that after the European Union (Notification of Withdrawal Bill) is passed through Parliament, the Prime Minister will be able to notify the EU of the UKs intention to leave the EU, but actual withdrawal from the EU has to be authorised by Parliament after negotiations have completed.

The compete, published document is available at

https://www.bindmans.com/uploads/files/documents/Final_Article_50_Opinion_10.2.17.pdf

Background

CrowdJustice is a crowd-funding platform to raise funds specifically for legal cases.

The CrowdJustice campaign Leaving the European Union: Should Parliament decide? organised by Jolyon Maugham QC raised £10,665 pledged by 406 people.

https://www.crowdjustice.org/case/should-parliament-decide/

It posed the question “Can the Prime Minister decide whether to leave the EU or does it require an act of Parliament?”. The funds were used to take advice from leading lawyers and to write to the government to determine its position.

The People’s Challenge to the Government on Art. 50: A Parliamentary Prerogative is a campaign, organised by Grahame Pigney, which raised more tham £170,000, pledged by 4918 people.

https://www.crowdjustice.org/case/parliament-should-decide/

It was created to challenge the ability of the Government being able to trigger Article 50 without requiring an Act of Parliament.

The People’s Challenge campaign is represented by a team from Bindmans LLP led by John Halford and their barristers are Helen Mounfield QC, Gerry Facenna QC, Tim Johnston and Jack Williams.

Following on, is the crowd-funding campaign The Second People’s Challenge: helping Parliament take control on Article 50, also organised by Grahame Pigney and which has raised more than £57,000 to date.

https://www.crowdjustice.org/case/parliament-take-control/

The Second People’s campaign is lobbying MPs and Peers to assist them in their decision making process during the passage of the European Union (Notification of Withdrawal Bill) through Parliament and afterwards during subsequent negotiations with the EU.

The Three Knights Opinion detailed above was commissioned, published and circulated to all Peers using funds provided from these self styled “People’s Challenge” campaigns.

Other documents produced include:

A guide to EU citizenship rights at stake in the negotiations (which was circulated to all MPs).

https://www.bindmans.com/uploads/files/documents/UK_Parliament_EU_Citizenship_rights_booklet.pdf

An amendment briefing sent to all Peers

https://www.bindmans.com/uploads/files/documents/EU_Notification_Bill_-_Lords_Committee_Stage_briefing_on_the_parliamentary_approval_amendment.pdf

Government White Paper

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David Davis presented a White Paper “The United Kingdom’s exit from and new partnership with the European Union White Paper” to Parliament on 2 February 2017. This paper describes the Governments plan for leaving the EU and outlines the 12 point plan previously mentioned by Theresa May.

The main areas (12 points) extracted from the published paper are:

  1. Providing certainty and clarity – We will provide certainty wherever we can as we approach the negotiations.
  2. Taking control of our own laws – We will take control of our own statute book and bring an end to the jurisdiction of the Court of Justice of the European Union in the UK.
  3. Strengthening the Union – We will secure a deal that works for the entire UK – for Scotland, Wales, Northern Ireland and all parts of England. We remain fully committed to the Belfast Agreement and its successors.
  4. Protecting our strong and historic ties with Ireland and maintaining the Common Travel Area – We will work to deliver a practical solution that allows for the maintenance of the Common Travel Area, whilst protecting the integrity of our immigration system and which protects our strong ties with Ireland.
  5. Controlling immigration – We will have control over the number of EU nationals coming to the UK.
  6. Securing rights for EU nationals in the UK, and UK nationals in the EU – We want to secure the status of EU citizens who are already living in the UK, and that of UK nationals in other Member States, as early as we can.
  7. Protecting workers’ rights – We will protect and enhance existing workers’ rights.
  8. Ensuring free trade with European markets – We will forge a new strategic partnership with the EU, including a wide reaching, bold and ambitious free trade agreement, and will seek a mutually beneficial new customs agreement with the EU.
  9. Securing new trade agreements with other countries – We will forge ambitious free trade relationships across the world.
  10. Ensuring the UK remains the best place for science and innovation – We will remain at the vanguard of science and innovation and will seek continued close collaboration with our European partners.
  11. Cooperating in the fight against crime and terrorism – We will continue to work with the EU to preserve European security, to fight terrorism, and to uphold justice across Europe.
  12. Delivering a smooth, orderly exit from the EU – We will seek a phased process of implementation, in which both the UK and the EU institutions and the remaining EU Member States prepare for the new arrangements that will exist between us.

The White Paper is 75 pages log and can be obtained from the Government website at:

https://www.gov.uk/government/publications/the-united-kingdoms-exit-from-and-new-partnership-with-the-european-union-white-paper

A local copy of the paper is also available here:

The United Kingdoms exit from and partnership with the EU

Process to invoke Article 50

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Although it would seem that the process for invoking Article 50 should be straightforward, a legal case was initiated to determine whether the Government can use Royal Prerogative Powers to start the process of leaving the EU.

Gina Miller engaged the City law firm Mishcon de Reya to challenge the authority of the British Government to invoke Article 50 of the Treaty on European Union using prerogative powers, arguing that only Parliament can take away rights that Parliament has granted.

After a hearing on 03 November 2016, the High Court of Justice ruled that Theresa May cannot use the Royal Prerogative Powers to invoke Article 50 and begin the process for withdrawal from the EU and she needs prior Parliamentary approval.

Judgement: https://www.judiciary.gov.uk/wp-content/uploads/2016/11/r-miller-v-secretary-of-state-for-exiting-eu-amended-20161122.pdf

Summary: https://www.judiciary.gov.uk/wp-content/uploads/2016/11/summary-r-miller-v-secretary-of-state-for-exiting-the-eu-20161103.pdf

(LOCAL COPIES)

The Government decided to appeal the High Court’s decision and took the appeal directly to the Supreme Court.

The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population.

https://www.supremecourt.uk

The appeal hearing was held from 5-8 December 2016 with the decision to be issued in January 2017.

Details of the case and proceedings can be found at

https://www.supremecourt.uk/news/article-50-brexit-appeal.html

The judgement by the Supreme Court was issued on 24 Jan 2017. The Secretary of State’s appeal was dismissed by a majority of 8-3. In a joint judgement of the majority, the Supreme Court holds that an Act of Parliament is required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union.

The judgement documents are available at:

Judgement : https://www.supremecourt.uk/cases/docs/uksc-2016-0196-judgment.pdf

Summary: https://www.supremecourt.uk/cases/docs/uksc-2016-0196-press-summary.pdf

(LOCAL COPIES)

A useful article, interpreting details of the judgement by Robert Craig: Miller Supreme Court Case Summary can be found at

https://ukconstitutionallaw.org/2017/01/26/robert-craig-miller-supreme-court-case-summary/

The Supreme Court decided that the Government is not obliged to consult with the UK’s devolved assemblies before triggering Article 50 and also ruled that once Article 50 is triggered, it cannot be reversed.

The form that the legislation should take was not defined and is entirely a matter for Parliament but Parliament will need to pass a new bill that gives Government the authority to trigger Article 50.

A statement, following the ruling, from Number 10 added :

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.

It’s important to remember that Parliament backed the referendum by a margin of six to one and has already indicated its support for getting on with the process of exit to the timetable we have set out.

We respect the Supreme Court’s decision, and will set out our next steps to Parliament shortly.

Opposition leader Jeremy Corbyn reacted to the judgment by saying that his party will not seek to frustrate the will of the British people, but did say that “Labour will seek to amend the Article 50 Bill to prevent Conservatives using Brexit to turn Britain into a bargain basement tax haven.”

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