THERESA May has lost her legal challenge after the UK Supreme Court judges ruled that MPs should have a vote on the UK Government’s Brexit strategy before Article 50 is triggered but MSPs should not have one.
In a landmark ruling, the 11 justices decided by 8 to 3 that the Government could not trigger Article 50 without an Act of Parliament at Westminster. A short parliamentary Bill is expected to be published within 24 hours.
However, the judges unanimously ruled that the Prime Minister and her ministers were “not legally compelled” to consult with the Scottish Parliament as relations with the EU were a matter for the UK Government.
Read more: The Supreme Court judgment on Brexit
Jeremy Wright, the Attorney General, Whitehall’s most senior lawyer, said the Government was "disappointed" by the Supreme Court ruling, which upheld an earlier one by the High Court, but it would “do all that is necessary” to comply with it.
Outside the court, he said: "The court has been very clear throughout this case that it has not been deciding whether the United Kingdom should or should not leave the European Union. The people of the United Kingdom have already made that decision. Now enacting that decision will be a political matter and not a legal matter."
A ministerial Commons statement is due later today.
In a brief statement delivering the ruling, Lord Neuberger, the Supreme Court President, said: "By a majority of eight to three, the Supreme Court today rules that the Government cannot trigger Article 50 without an Act of Parliament authorising it to do so."
The ruling is a blow to Mrs May, who has repeatedly said she intends to trigger Article 50 by the end of March following the clear majority in favour of Brexit in the June 2016 referendum.
But she will be buoyed by the decision on the devolved administrations, which could have been much more politically significant if it had gone the other way.
Read more: The Supreme Court judgment on Brexit
Nonetheless, Nicola Sturgeon has made clear that she will ensure Holyrood will have a vote on the Conservative Government’s Brexit strategy with the expectation that MSPs will, apart from the Tories, vote against the triggering of Article 50.
At Westminster, a spokesman for Jeremy Corbyn said: “Labour respects the result of the referendum and the will of the British people and will not frustrate the process for invoking Article 50.
“However, Labour will seek to amend the Article 50 Bill to prevent the Conservatives using Brexit to turn Britain into a bargain basement tax haven off the coast of Europe.”
The Labour leader said his party would seek to build in the principles of full, tariff-free access to the single market and maintenance of workers' rights and social and environmental protections.
“Labour is demanding a plan from the Government to ensure it is accountable to Parliament throughout the negotiations and a meaningful vote to ensure the final deal is given Parliamentary approval," added Mr Corbyn.
Frances O’Grady, the TUC General Secretary, said that while Mrs May had given a list of Brexit priorities, people were still waiting for the details of her plans.
“Before voting to trigger Article 50, MPs must demand a clear plan from Theresa May on how she will protect working people from paying the price for Brexit, and make sure their workplace rights do not fall behind those in the EU.
“Parliament also needs to see detailed proposals for how the UK’s devolved governments will be engaged in the negotiations, and a full plan for how we can keep our common travel area with Ireland,” added Ms O’Grady.
Read more: The Supreme Court judgment on Brexit
Molly Scott Cato MEP for the Greens said: “The Supreme Court has ruled out a blank cheque Brexit signed off by the right wing of the Tory Party. Theresa May must now be prepared to listen to the wide range of voices and views on our future relationship with Europe, represented by our elected members of Parliament.”
She explained that the “damaging path” the UK Government wanted to lead the country down - removing the UK from the single market, exiting the customs union, ending free movement of people and failing to uphold important environmental legislation - meant progressive MPs could not support the triggering of Article 50 at this stage.
“Theresa May must now provide assurances that her government is pursuing a plan that protects the UK’s economic interests, safeguards jobs, protects our environment and guarantees we do not enter a race to the bottom on corporate tax rates. Only then can we begin to work towards a constructive rather than a destructive future relationship with our European neighbours.”
Ms Cato added: “We must also push for an amendment for a 'ratification referendum' so that the final deal agreed between the EU and the UK can be put to the people. That will ensure that people are really able to take back control".
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