Government loses Supreme Court appeal. Now ball in Parliament’s court

But will MPs use their power?

24th January 2017

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The Supreme Court has ruled by 8-3 that Parliament will need to vote on Article 50 activation. Following the verdict, which also saw the Scottish government disappointed in its attempts to win a constitutional right to be consulted by the UK government, Another Europe is Possible, have called on MPs to be willing, if needs be, to vote against Article 50. We believe they must be willing to use this power to extract maximum concessions to protect key areas: the right to free movement with EU states, the future of science and innovation, ecological sustainability, workers’ protections, education, and human rights.

A spokesperson for Another Europe is Possible said:

“This ruling gives MPs the ability to determine what Brexit means. Politicians – and specifically Labour – must live up to their historic duty to protect the progressive elements of EU membership. That means proposing amendments to remain in the EEA – or to retain workers’ rights, freedom of movement, environmental protections, human rights, and science and education funding. Theresa May has no mandate for the harsh, chaotic form of Brexit she is pursuing, and MPs must ultimately be willing to vote against Article 50 if reasonable amendments do not pass.”

Sam Fowles, a law researcher at the University of London, said:

“This judgement gives ordinary people the chance, through our MPs, to hold the government accountable for Brexit negotiations. It’s now up to us and our MPs to take that chance. If the government can’t deliver the Brexit they promised in the referendum then we, the people, must have the chance to reject their deal. It’s up to our MPs to use the vote on Article 50 to make sure we get that chance.

“The referendum result doesn’t give anyone the right to ignore the UK’s unwritten constitution. The government can’t just do what it wants, when it wants.

On the defeat of the Scottish government’s case in relation to the Sewell convention, Fowles added:

“Although the court held that it could not enforce the Sewell Convention the government must respect it nevertheless. The Sewell Convention obliges the government to consult the devolved Parliaments on matters that concern them. If this government truly respects the people of Scotland, Wales, and Northern Ireland, then it will properly consult their elected Assembly’s on Article 50.”


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