UK Edition
Government warns Brexit vote must not be relegated to a ‘footnote’ ahead of Supreme Court hearing
Ministers have accused judges of relegating the vote for Brexit to a “footnote” ahead of a historic Supreme Court case on whether the Government has the power to start talks.
Judges must not dismiss the referendum as “merely ‘a political event’” and should realise their decision is not made in a “vacuum”, court documents from the Government say.
Jeremy Wright, the Attorney General leading the case for the Government, will outline the arguments when he appears in court to start the hearing on Monday.
Ministers are arguing that they have the power to trigger Article 50 - the mechanism for starting Brexit talks - without any approval from Parliament.
However High Court judges backed claimants last month who argue a vote from MPs and peers is needed before the talks begin.
That ruling last month triggered claims of a “constitutional crisis” as Eurosceptics said the Brexit vote backed by 17.4 million people was not being expected.
Ahead of the Supreme Court case, which has been triggered because ministers appealed the High Court verdict, all sides have submitted written arguments.
One part of the UK Government's evidence reads: “Whilst the Secretary of State relies upon long-standing and well-established principles regarding exercise of the foreign affairs prerogative, the supposed conflict between those principles and the doctrine of Parliamentary sovereignty cannot be resolved in a vacuum, without regard to the outcome of the referendum.
“It is submitted that the Divisional Court was wrong to relegate, almost to a footnote, the outcome of the referendum and to dismiss it as merely “a political event” which was of no significance to the question before it.” The section of the High Court ruling criticised reads: “This court does not question the importance of the referendum as a political event, the significance of which will have to be assessed and taken into account elsewhere.”
The Supreme Court hearing, which will be televised, begins on Monday. In advance of the case, Tory whips have been preparing a short Article 50 Act of Parliament.
They believe that the legislation will be “tight” enough to avoid Europhile MPs tabling scores of amendments which could delay the Bill. Mrs May has vowed to trigger Article 50 by March next year.
Sources close to the Prime Minister last night said that she is still “confident” her timetable will not be delayed even if the Government loses next week’s court case.
“Theresa has made clear that the people bringing this legal action over Article 50 must not be allowed to thwart the will of the people,” an ally of Mrs May said. “She will take exactly the same approach in the Commons when she addresses MPs.”