Breaking Whispers- Supreme Court rules no Brexit without Parliament approval

The UK Supreme Court has overwhelmingly rejected the Governments appeal to trigger Article 50 without Parliamentary vote in its ruling earlier today.

The ruling follows the earlier defeat of the Government in the high court in November and means it cannot use prerogative powers to trigger article 50 of the treaty of Lisbon, beginning Britain’s exit from the EU.

Eleven of the Twelve Supreme Court justices sat in on the case, with the ruling passing by a vote of 8 to 3 in favour of dismissing the appeal of the earlier high court decision.

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Lord Justice Neuberger delivering the courts ruling earlier today

In his summarising remarks, Lord Justice Neuberger said “Section 2 of the 1972 [European Communities] Act provides that, whenever EU institutions make new laws, those new laws become part of UK law. The 1972 act therefore makes EU law an independent source of UK law, until parliament decides otherwise.

Therefore, when the UK withdraws from the EU treaties, a source of UK law will be cut off. Further, certain rights enjoyed by UK citizens will be changed. Therefore, the government cannot trigger article 50 without parliament authorising that course.”

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Gina Miller speaking outside the Supreme Court Earlier today after the courts decision

Gina Miller, the campaigner who led the legal challenge against the Government welcomed the ruling saying “No prime minister, no government can expect to be unanswerable or unchallenged. Parliament alone is sovereign.”

In the wake of the Supreme Courts ruling David Davis, the governments minister in charge of exiting the EU delivered the government’s response in a parliamentary statement in which he announced the publication of a ‘straightforward’ Brexit bill to be put before Parliament in the coming days.

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David Davis announced a new Brexit bill would be put to the house within days

Addressing the ruling directly, Mr Davis said “This will be the most straightforward bill possible to give effect to the decision of the people and respect the supreme court’s judgement.”

He later reasserted the Government’s commitment to triggering Article 50 at the end of March saying that “This timetable has already been supported by this house.”

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Shadow Brexit Secretary Sir Keir Starmer has called for greater transparency on Brexit

Labour’s shadow secretary for exiting the EU, Keir Starmer has called for the government to publish a white paper on Brexit saying “Labour accepts and respects the referendum result and will not frustrate the process. But we will be seeking to lay amendments to ensure proper scrutiny and accountability throughout the process. That starts with a white paper or plan. A speech is not a white paper or plan, and we need something to hold the government to account throughout the process. You can’t have a speech as the only basis for accountability for two years or more.”

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The Supreme Court said relations with the EU are “reserved to the UK government and parliament, not to the devolved institutions”

The Supreme Court has also ruled that UK ministers are not obliged to consult with the devolved administrations in Scotland, Wales and Northern Ireland during the Brexit negotiations. The Judges added that “the devolved legislatures do not have a veto on the UK’s decision to withdraw from the EU.”

However the Government has said that it will include all of the devolved administrations in its deliberations in a move which will it hopes quell the dissent that is bound to occur in both the Scottish Parliament and the Northern Ireland Assembly.

While many will question the need for this case, given the government’s willingness to include Parliament in the Brexit process (as indicated by Theresa May’s speech last Tuesday)  this writer regards the ruling as a victory for the British legal system in asserting the rights of its people.

Also, the case bought by Ms Miller and her compatriots has undoubtedly forced the government to rethink its position on Parliamentary inclusion in the negotiations with Mrs May’s speech and today’s Brexit bill being the natural result.

Breaking Whispers- Theresa May gives speech confirming the Governments position on Brexit

Prime Minister Theresa May has today outlined her strategy for Britain’s exit from the European Union in a speech at Lancaster House in London.

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Prime Minister Theresa May spoke about the desire to create “A Global Britain”

The Conservative leader made clear that she would look to pursue a ‘Hard Brexit’ from the EU and that there would be no compromising on things like immigration, access to markets and parliamentary sovereignty.

Mrs May said “We do not seek to adopt a model already enjoyed by other countries. We do not seek to hold on to bits of membership as we leave. The United Kingdom is leaving the European Union. My job is to get the right deal for Britain as we do.”

In a conciliatory but firm statement, the Prime Minister confirmed the following:

Britain will not remain a part of the single market

With speculation that her government would not look to stay in the single market, Mrs May confirmed that Britain would not be staying  within the single market but would instead look to sign a new free trade agreement with the EU.

This proposed agreement would allow the UK to have access to the single market but without membership of it. Membership of the single market required accepting free movement of goods,services, capital and people. In her words retaining membership of the single market “would in all intents and purposes mean not leaving the EU.”

Britain will remain a member of the customs union

Trade formed a large part of the Prime Ministers speech and she confirmed that Britain would look to remain a member of the customs union with Europe. However she was keen to specify that Britain would not look to be subject to the common external tariff (a tax on all goods coming into the union from outside it).

The prime minister would not be drawn on whether the custom’s union’s policy of no member country negotiating trade deals on its own would be something that Britain would look to avoid.

The phased approach to Brexit

The Prime Minister underlined the requirement of any exit strategy from the EU to be phased in rather than having what she called a “cliff edge” point, which could cause irreparable harm to the UK economy.

Phasing arrangements would allow the economy, industry and public institutions to make necessary preparations for life outside of the European Union.

Mrs May confirmed that she would look to conclude negotiations with the EU within the two year timescale provided for by Article 50 of the Treaty of Lisbon.

Controlling Immigration to the UK

The control of Britain’s borders was a crucial part of the decision to leave the EU and the Prime Minister reiterated her desire to enforce this policy.

However, she affirmed that Britain wants to continue to attract “the brightest and best to study and work in Britain”.

Referring to her time as Home secretary, Mrs May said “You cannot control immigration overall when there is free movement from Europe … Brexit must mean control of number of people coming to Britain from Europe.”

The UK’s immigration system post-Brexit has not been announced and the Prime Minister made no reference on how policing immigration from the EU would occur.

An end to the legal authority of the European Court of Justice in the UK

The authority of the European Court of Justice in the UK legal system will cease after the Brexit negotiations are concluded, the Prime Minister has confirmed.

Leaving the EU meant leaving all the institutions of it, with the Prime Minister arguing “We will not have truly left the European Union if we are not in control of our own laws.”

It is widely expected that the Supreme Court will assume all the legal responsibilities currently being undertaken by the European Court of Justice.

The final Brexit deal will be put before both Houses of Parliament

In a move that will appease both remainers and opposition parties alike, Mrs May has confirmed that any final Brexit deal committed to by the UK will be the subject of a vote in both the Houses of Parliament and the Lords.

This move will allow MP’s and Lords to block the plans, but is a vital move in confirming the sovereignty of Parliament in the Brexit negotiations after the recent Supreme Court case involving campaigners led by Gina Miller.

The timeframe for the Brexit deal to be put to the House will be confirmed shortly.

Cautious friends with Europe?

Mrs May stated that “I must be clear. Britain wants to remain a good friend and neightbour to Europe but I know there are some voices calling for a punitive deal. That would be a case of calamitous self-harm for the countries of Europe and it would not be the act of a friend. Britain could not, indeed we would not, accept such an approach.”

The Prime Minister said she believed that this would not occur but said that “no deal would be better than a bad deal”, warning that Britain would be free to set competitive tax rates, echoing earlier comments by the Chancellor Phillip Hammond.

However she also called for a close relationship with Europe after Brexit- ““Our vote to leave the European Union was no rejection of the values we share. The decision to leave the EU represents no desire to become more distant to you, our friends and neighbours. We will continue to be reliable partners, willing allies and close friends,” she said.

Cards on the Table?

By confirming the sort of deal that Britain wants from Brexit, the Prime Minister has placed Britain in the metaphorical driving seat of the Brexit negotiations. Much will be made of what the Prime Minister did not say and the lack of specificity on certain points but this is an important step on the road to Britain’s exit from the EU in two years time.

International Whispers: Trump ‘keen’ to sign quick trade deal with UK after Brexit

President-elect Donald Trump has promised that the U.S. will sign a quick trade deal with the UK after the Brexit negotiations are concluded.

In an interview with former leave campaigner and cabinet minister Michael Gove for the Times newspaper, Mr Trump said that the UK was “so smart for getting out”. He went on to say  “We’re gonna work very hard to get it done quickly and done properly. Good for both sides.”

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President Elect Trump met with MP Michael Gove at Trump Tower in New York

 

Mr Trump’s words were in sharp contrast to outgoing President Barack Obama’s remarks during the EU referendum campaign, where he famously said that “the UK would be at the back of the queue” for any potential trade deal should it leave the EU.

The President-elect, who will be inaugurated on Friday in Washington, went on to criticise Germany’s Chancellor Angela Merkel’s stance on immigration calling it “obsolete”.

Mr Trump later said “I think she made one very catastrophic mistake and that was taking all of these illegals, you know, taking all of the people from wherever they come from. And nobody even knows where they come from,”

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Mr Trump said that the UK was ‘doing great’ in the wake of Brexit.

Later in the interview with Mr Gove, he turned his comments to NATO and called for more member states to commit to the target of spending the 2% of their respective national incomes on defence, a spending target that the UK is meeting and remains one of the few nations to do so.

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Defence Spending as a % of GDP- Source: NATO

With his inauguration looming, UK prime minister Theresa May will be keen to ensure that Mr Trump delivers on his promise to sign a trade deal with the UK, as this would be a boost to the economy and future success post Brexit.

Breaking Whispers- UK Ambassador to EU Resigns

Sir Ivan Rogers, the UK’s Ambassador to the European Union has today resigned from his position, a full ten months before his scheduled departure from the role in November 2017.

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Sir Ivan Rogers, pictured here with the Chancellor Philip Hammond last month at a meeting with the EU

The resignation comes a month after making public comments that he felt a post-brexit trade deal could take as long as ten years to conclude, despite the two year limits imposed in Article 50 of the Treaty of Lisbon. Downing Street later refuted the comments as not reflecting the view of the British Government.

Mr Rogers was a part of former prime minister David Cameron’s negotiating team when he unsuccessfully attempted to renegotiate Britain’s position within the European Union. A failure which ultimately led to the EU referendum and Britain’s subsequent vote to leave.

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Rogers, right pictured with former Prime Minister David Cameron in January 2016

Former Deputy Prime Minister Nick Clegg, who previously worked with Sir Ivan said “If the reports are true that he has been hounded out by hostile Brexiteers in government, it counts as a spectacular own goal. The government needs all the help it can get from good civil servants to deliver a workable Brexit.”

While the Government have yet to issue an official statement on Rogers resignation a source in Whitehall today said that it would not affect the governments proposed triggering of article 50 later on this year.

With preparations for this process to be made and significant ground still to be decided upon, the Government will come under significant pressure to appoint a new ambassador as quickly as possible.

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However reports that Nigel Farage had already sent his CV in for the position were described as laughable by one government source.