The Supreme Court has ruled...

  Forum Editor 11:29 24 Jan 2017
Locked

that the government must allow parliament to vote on its Brexit policy before official negotiations can begin.

  Quickbeam 12:15 24 Jan 2017

As widely expected.

Apparently had the original referendum question contained a qualifying phrase specifically to permit Parliament to act on the result, the government could have been considered to have addressed the change of domestic rights problem.

  Forum Editor 12:38 24 Jan 2017

Reading the various reports on the situation, it seems to be clear that there is unlikely to be a delay to the government's end of March deadline.

The necessary parliamentary Bill to trigger Article 50 will be be short - possibly only one or two paragraphs - and will be prioritised as far as parliamentary time is concerned. The Labour party has indicated that it will not seek to block it, and the government majority will guarantee that it is passed.

In theory the Lords could seriously delay matters, but parliament voted overwhelmingly to hold the referendum, and members of the Lords know that any derailing attempts there would be looked on as undemocratic. Apart from that, if the Lords threw out the Bill it would trigger a General Election, and one of the big electioneering issues would be major reform in the Lords.

The Supreme Court unanimously ruled that there is no legal requirement for the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly to vote on Article 50 before it is triggered.

It seems that we will therefore trigger Article 50 at some point before the end of March, as predicted by the government.

  Quickbeam 12:43 24 Jan 2017

How does that affect NI in not having a working government?

  Forum Editor 13:26 24 Jan 2017

The NI Assembly has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the UK. The triggering of Article 50 is reserved to the UK government.

  Flak999 13:49 24 Jan 2017

I think that this result was widely predicted, the government has already made contingency plans for this eventuality so I can't see it delaying things to much.

As the FE has already stated the Lords could theoretically delay things, but they must know that if they do they will be setting themselves up for possible abolition.

I think we just need to get on with this as quickly as possible!

  Burn-it 14:08 24 Jan 2017

It does mean that the TERMS are approved by OUR representatives and not just set at will by a few Whitehall yes men. The commons just need to be allowed to vote and NOT have the Whips decide the matter.

  Forum Editor 14:48 24 Jan 2017

Burn-it

"The commons just need to be allowed to vote and NOT have the Whips decide the matter."

MPs will vote with their parties - with the exception of Kenneth Clarke, who will not vote with the government. As I said in my earlier post, the government's majority will ensure that the Bill is passed.

  LastChip 17:43 24 Jan 2017

I really don't know why the government chose to go down this route and appeal. It's simply wasted time, that could have resulted in a far worse situation (thank goodness it didn't) and they're no further forward.

They may just have well accepted the High Court decision and allowed a vote. Had they done that, it may well all have been done and dusted by now.

I can't help thinking it was more about egos than substance.

  Forum Editor 17:44 24 Jan 2017

"Had they done that, it may well all have been done and dusted by now."

I very much doubt that.

  LastChip 17:58 24 Jan 2017

I was referring to the permission to trigger article 50, not the whole caboodle. They are after all saying, this may only take a couple of weeks.

That's probably a little ambitious, but keeping in mind it was November when the Supreme Court heard the submissions, and there was a couple of weeks before the hearing that was essentially a waste of time, I think it was feasible.

A lot depends on how difficult the Lords wants to be.

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