Government lawyers have conceded that it is now ‘very likely’ that a parliamentary vote will be required to trigger Article 50 and commence Britain’s exit from the EU following a challenge launched in London’s High Court. The landmark constitutional law case hinges on a differing interpretation between claimants and the Government of the requirement stipulated in Article 50 that an EU member state may only trigger the exit procedure ‘in accordance with its own constitutional requirements.’ Three of the nation’s most senior judges – the lord chief justice, Lord Thomas of Cwmgiedd, the master of the rolls, Sir Terence Etherton, and Lord Justice Sales – have been presiding over the four-day judicial review.

Rival arguments

Claimants led by investment manager Gina Miller and hairdresser Deir Dos Santos have contended that prerogative powers alone are insufficient to trigger Article 50. Counsel from Mishcon de Reya, representing Ms Miller, posited that the constitutional rights of British citizens would be threatened by any attempt on the part of Prime Minister Theresa May to trigger Article 50 without first seeking the approval of the UK Parliament.

Lawyers for the Government, however, have countered that making and unmaking treaties sit firmly within the scope of royal prerogative powers, and that Parliament has repeatedly declined to act on limiting the availability of such powers. ‘Parliament has conspicuously refused to legislate on withdrawing from the EU despite many opportunities if it had wanted to do so,’ argued attorney general Jeremy Wright QC. ‘The other parties in this case have sought to say they are defending the sovereignty of parliament. We say that parliament can retain its sovereignty as much by choosing not to do something as by doing something.’

Vote ‘very likely’

Though no ruling has yet been handed down on the case, one of the Government’s lead civil litigation advocates, James Eadie QC, has conceded that Parliamentary ratification now looks like a likely prerequisite to Britain’s withdrawal from the EU. ‘The view within the government is that it is very likely that this treaty will be subject to ratification process in the usual way,’ he said. News of the likely vote sparked a rally in the value of the British pound, which lifted 1 per cent to $1.23 – its strongest value in two months.  A final decision on the current case is expected by the end of this month, but will be open to appeal.

Sources: The Guardian; Legal Week; Legal Cheek