The Art 50 decision is an example of the rule of law in action, lawyers have said.
The high-profile Supreme Court case, decided by all 11 Justices, means MPs and Peers will get a vote on whether to trigger the legal process for the UK’s exit from the EU. A European Union (Notification of Withdrawal) Bill has been tabled. MPs debated the Bill this week, and it will move to the Lords next week.
Robert Bourns, President of the Law Society, said: “We welcome this live example of the rule of law in action—after a ruling by our independent judiciary, we will now see legislation scrutinised by our elected Parliament, which will then give clear lawful authority to the UK government.
“We will closely follow the scrutiny by Parliament of this Bill, and continue our work engaging with MPs and peers on all sides and with government, to ensure that the eventual terms of our exit from the EU best protect our strong and vibrant legal services sector and the rights of all our citizens.”
Writing for NLJ this week, consultant editor David Greene, one of the claimant lawyers acting in last week’s successful Art 50 challenge against the government, said: “[The Bill] does what it says on the tin; giving authority to Theresa May to serve the Art 50 notice. If the two main parties had their way the Bill will be passed unanimously. Dissenting members will, however, be of significance but not ultimately consequential. In the two day debate however there will be many amendments proposed and rejected. The amendments however might start to plot out the lay of the land from here.
“Remainers place their hopes in the House of Lords but they are highly unlikely to vote down the Bill. That could be quite a short suicide note with an angry Commons thereafter seeking to limit the powers of the Lords further.”
The government is planning to publish its Brexit white paper on Thursday 2 February.
