Legal action launched re Article 50

Kohoutek

You knew it was coming...

Legal steps have been taken to ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament. The case is being brought by leading law firm, Mishcon de Reya, on behalf of a group of clients. Following publication of articles on the subject this week Mishcon de Reya has retained Baron David Pannick QC and Tom Hickman to act as counsel in this action, along with Rhodri Thompson QC and Anneli Howard.

The Referendum held on 23 June was an exercise to obtain the views of UK citizens, the majority of whom expressed a desire to leave the EU. But the decision to trigger Article 50 of the Treaty of European Union, the legal process for withdrawal from the EU, rests with the representatives of the people under the UK Constitution.

The Government however, has suggested that it has sufficient legal authority. Mishcon de Reya has been in correspondence with the Government lawyers since 27 June 2016 on behalf of its clients to seek assurances that the Government will uphold the UK constitution and protect the sovereignty of Parliament in invoking Article 50.

If the correct constitutional process of parliamentary scrutiny and approval is not followed then the notice to withdraw from the EU would be unlawful, negatively impacting the withdrawal negotiations and our future political and economic relationships with the EU and its 27 Member States, and open to legal challenge. This legal action seeks to ensure that the Article 50 notification process is lawful.

Kasra Nouroozi, Partner, Mishcon de Reya said:

We must ensure that the Government follows the correct process to have legal certainty and protect the UK Constitution and the sovereignty of Parliament in these unprecedented circumstances. The result of the Referendum is not in doubt, but we need a process that follows UK law to enact it. The outcome of the Referendum itself is not legally binding and for the current or future Prime Minister to invoke Article 50 without the approval of Parliament is unlawful.

We must make sure this is done properly for the benefit of all UK citizens. Article 50 simply cannot be invoked without a full debate and vote in Parliament. Everyone in Britain needs the Government to apply the correct constitutional process and allow Parliament to fulfil its democratic duty which is to take into account the results of the Referendum along with other factors and make the ultimate decision.

https://www.mishcon.com/news/firm_news/article_50_process_on_brexit_faces_legal_challenge_to_ensure_parliamentary_involvement_07_2016

mrginge

Wow, another non-story.

Kohoutek

If they succeed, it won't be 'non-story'.

mystic_trev

Kohoutek wrote: »

If they succeed, it won't be 'non-story'.

The only thing the Lawyers will succeed in, is making a lot of money for themselves!

padington

The precident has already been established that changes to uk regulation such as the implementation of European arrest warrant still sought parliaments permission.

In that respect, anything radical that changes the whole framework above and beyond would be 'undemocratic' and the leave campaigners don't like that, do
they ?

Defeated at the last hurdle by an honourable arguement, originally made in a dishonourable way by leave campaigners calling EU wrongly undemocratic.

Quite hilarious really.

(Text removed by MSE Forum Team)

System

No one is seriously saying that the referendum result alone gives authority to act, any more than a leave victory in the Scottish referendum would have granted immediate independence.
Obviously an act of parliament is required.

What is not legally required is a further referendum on acceptance of terms. That, like the first one, is an option open to the government in the unlikely event that it wanted one..

rlc22

Clifford_Pope wrote: »

No one is seriously saying that the referendum result alone gives authority to act, any more than a leave victory in the Scottish referendum would have granted immediate independence.
Obviously an act of parliament is required.

What is not legally required is a further referendum on acceptance of terms. That, like the first one, is an option open to the government in the unlikely event that it wanted one..

There seems to be a split of opinion about whether an act of parliament is actually needed. Others believe that the Prime Minister has the authority under the Royal Prerogative.

I guess we'll see which is right after this legal action though. People wanting to leave the EU will hope that it's a "no", that's for sure.

kinger101

Seems like a load of b0l1ocks to me. The second paragraph implies the public were not giving the government the authority to withdraw from the EU at the referendum.

It suggests here that the triggering of article 50 is now a matter for the government only.

https://constitution-unit.com/2016/06/20/the-road-to-brexit-16-things-you-need-to-know-about-what-will-happen-if-we-vote-to-leave-the-eu/

rlc22

kinger101 wrote: »

Seems like a load of b0l1ocks to me. The second paragraph implies the public were not giving the government the authority to withdraw from the EU at the referendum.

It suggests here that the triggering of article 50 is now a matter for the government only.

https://constitution-unit.com/2016/06/20/the-road-to-brexit-16-things-you-need-to-know-about-what-will-happen-if-we-vote-to-leave-the-eu/

This is the article that was co-authored by one of the barristers who have been instructed

https://ukconstitutionallaw.org/2016/06/27/nick-barber-tom-hickman-and-jeff-king-pulling-the-article-50-trigger-parliaments-indispensable-role/

enthusiasticsaver

The referendum is not legally binding. It is advisory only. There has to be a debate and vote

kinger101

rlc22 wrote: »

This is the article that was co-authored by one of the barristers who have been instructed

https://ukconstitutionallaw.org/2016/06/27/nick-barber-tom-hickman-and-jeff-king-pulling-the-article-50-trigger-parliaments-indispensable-role/

So his academic and "profe$$ional" opinion seem to be different.