Article 50

Breaking: Government loses Article 50 case

Isabel Hardman is joined by Fraser Nelson and James Forsyth to discuss the ruling: In the past few minutes, the Supreme Court has delivered its ruling in the Article 50 case on taking Britain out of the European Union. The Government has lost. It had argued that it did not need an Act of Parliament before triggering the mechanism. The Court ruled by eight judges to three that the Government did need the authority of Parliament in order to start the process. You can read the full judgement here. But the Court also ruled unanimously that Brexit is a matter for the Westminster parliament and not the devolved assemblies. This means

The irony of Corbyn’s three-line whip

Jeremy Corbyn is a famous rebel, so famous that when he was elected, many in his party wondered how he might tell MPs to vote the way he wanted them to when he himself had refused to listen to the whips throughout his backbench career. When he was still a backbencher, he enjoyed telling a tale about Sadiq Khan, then his whip, ringing him up to check he would definitely be rebelling on a certain vote, and not bothering to waste his energy trying to get him to abstain instead. Now the Labour leader is faced with one of those awkward moments that involve him telling his MPs to vote

Spectator live blog: The Supreme Court’s Brexit hearing, day four

The Supreme Court’s landmark case on triggering Article 50 has now finished. We’ll have to wait until January to hear the verdict of the 11 judges involved. But for now you can follow all the main events as they unfolded on our Spectator live blog: 4.20pm: It’s all over at the Supreme Court. Lord Neuberger rounds off proceedings by making it clear that the judges are ‘not being asked to overturn the referendum’. Before his comments, Eadie attempted to knock down Pannick’s view that the 2015 referendum act had political, rather than legal, significance. Not so, said Eadie, who insisted that the Government thought the act ‘speaks volumes about the

Tom Goodenough

What the papers say: Article 50 debate, Brexit ‘fog’ and ‘looney Labourites’

After MPs voted last night to back the Government’s plan to invoke Article 50 by the end of March, the Guardian says it’s good news that Parliament is now finally using its powers to shape the Brexit process. The paper says it’s ‘extraordinary’ that so much time has passed since the referendum, given how there is still no ‘real clarity about the government’s general aims’ in upcoming negotiations. It says yesterday, however, ‘some fog began to lift’: ‘At last, the great issue of the UK’s future relations with Europe was finally being discussed where it matters most of all, in our elected parliament,’ the paper says. But despite the merits

Commons votes in favour of invoking Article 50 by the end of March

461 MPs have just voted for Theresa May to invoke Article 50 by the end of March. The Tory amendment to Labour’s opposition day motion passed comfortably with only 89 MPs opposing it—and Ken Clarke the only Tory amongst them with 20-odd Labour Mps joining the SNP and the Lib Dems in voting against. Now, this vote is not binding and if the government loses its appeal to the Supreme Court will not be sufficient to satisfy the courts. But it does indicate that the government will be able to get an Article 50 bill through the Commons without too much trouble. It does make you wonder why Theresa May

Tom Goodenough

Spectator live blog: The Supreme Court’s Brexit hearing, day three

It’s day three of the Supreme Court’s landmark case on the triggering of Article 50. Here’s how the day unfolded:  4.15pm: The Supreme Court hearing has now finished for the day. The Lord Advocate, Lord Wolffe has been putting forward the Scottish Government’s case. So far, he has told the court that using prerogative powers to trigger Article 50 would be an ‘unconstitutional’ step. But he makes it clear that the Scottish Parliament does not have the power to veto Brexit. You can read the Scottish Government’s full submission to the Supreme Court here. 3.30pm: Ronan Lavery now takes up the argument on behalf of Northern Ireland. Lavery warns that Brexit

Katy Balls

Theresa May agrees to publish Brexit strategy before invoking Article 50

With the Supreme Court ruling on the government’s Article 50 appeal not expected until the new year, Theresa May is facing a more immediate Brexit headache. After around 20 Conservative MPs were expected to back a Labour motion today — tabled by Jeremy Corbyn and Keir Starmer — calling for the Prime Minister to ‘commit to publishing the government’s plan for leaving the EU before Article 50 is invoked’, No. 10 has staved off the rebellion by agreeing to Labour’s demand. Accepting Labour’s motion, ministers have added an amendment of their own — that the House should ‘respect the wishes of the United Kingdom as expressed in the referendum on 23 June; and further calls on the

Spectator live blog: The Supreme Court’s Brexit hearing, day two

The second day of the Supreme Court hearing has seen the Government continue to put forward its case for why it should be allowed to pull the Article 50 trigger without the say so of Parliament. And Lord Pannick has been arguing why Parliament must give approval for the start of the process of Brexit. Here’s how the day unfolded on our Spectator live blog: 4.30pm: Pannick’s main pitch is about the power of Parliament. He tells the Supreme Court that ‘Parliament is sovereign and only Parliament can remove that which it has incorporated into domestic law’ – meaning that Brexit cannot be started by the Government without the agreement of Parliament. He

Spectator live blog: The Supreme Court’s Brexit hearing, day one

Today’s Supreme Court hearing did, for once, live up to its billing as being a ‘landmark case’. The court’s 11 judges – sitting together for the first time – will hear four days of evidence before ruling next month on the government’s appeal against the decision that Parliament must be given a say on triggering Article 50. Here’s the full coverage from today’s Supreme Court case: 4.30pm: Eadie finishes off his argument with a simple point. He urges the Supreme Court judges to measure their decision based on a test of asking the ‘man in the street’. Would the average person think that the referendum outcome gave the Government the right to kick start

Tom Goodenough

What the papers say: The Supreme Court’s Brexit case

Today’s Supreme Court hearing on Brexit is undoubtedly the most controversial in the court’s seven year history, says the Times. The case will examine the Government’s appeal against the earlier High Court ruling that Article 50 cannot be triggered without the say-so of Parliament. But what’s most remarkable about today’s hearing is the fact Theresa May allowed it to get to this position in the first place, the paper says. The Times suggests that ‘at any point since Theresa May entered Downing Street in July she could have called and easily won a parliamentary vote mandating her to deliver Brexit’ – but in choosing not to it shows ‘an early

Portrait of the week | 1 December 2016

Home Paul Nuttall, aged 39, was elected leader of the UK Independence Party. He said: ‘I want to replace the Labour party and make Ukip the patriotic voice of working people.’ Theresa May, the Prime Minister, was rebuffed by Angela Merkel, the Chancellor of Germany, and by Donald Tusk, the President of the European Commission, when she proposed settling the status of British and EU expatriates even before Article 50 was invoked. She made another attempt in talks with Beata Szydlo, the Prime Minister of Poland. There was some interest in a note photographed on papers being carried after a meeting in Downing Street by Julia Dockerill, an aide to Mark

Charles Moore

The Spectator’s Notes | 1 December 2016

It seems perplexing that François Fillon, now the Republican candidate for the French presidency, should be a declared admirer of Margaret Thatcher. Although she certainly has her fans in France, it is an absolutely standard political line — even on the right — that her ‘Anglo-Saxon’ economic liberalism is un-French. Yet M. Fillon, dismissed by Nicholas Sarkozy, whose prime minister he was, as no more than ‘my collaborator’, has invoked her and won through, while Sarko is gone. In this time of populism, M. Fillon has moved the opposite way to other politicians. He says his failures under Sarkozy taught him that France needs the Iron Lady economic reforms which it

PMQs gets interesting as Tory Eurosceptics coordinate their activities

A rare event at PMQs as Jeremy Corbyn went on the economy. The Labour leader had some well-crafted questions but rather spoiled things by confusing the IMF and the IFS, enabling Theresa May to declare that it is a good job she stands at the government despatch box and he sits on the opposition front bench. May gave little away, as is her wont, but Corbyn again went on social care — which is, obviously, an area where Labour think they can make political advances. A couple of Tory Eurosceptics asked May about reciprocal rights for UK and EU citizens respectively and the refusal of the EU to engage on

Portrait of the week | 10 November 2016

Home Theresa May, the Prime Minister, said she still expected to start talks on leaving the EU as planned by the end of March, despite a High Court judgment that Parliament must decide on the invoking of Article 50 of the Lisbon Treaty that would set Brexit in train. Opinion was divided over whether the High Court had required an Act of Parliament or a vote on a resolution. The government appealed to the Supreme Court, which is to hear the case from 5 December. The judgment set off a confused game of hunt the issue. One issue was whether the press is allowed to be rude about judges. The Daily

Mob law

Frenzied outrage from Leavers and comical paeans of praise from Remainers greeted the High Court’s decision to instruct government that Parliament had to agree to the triggering of the clause that will initiate the UK’s exit from the European Union. In 406 BC, the Athenians demonstrated just how dangerous such hysterical reactions could be. The Athenians had defeated the Spartans in a sea battle off Arginousai, with the loss of 25 ships. Against all usual practice, their sailors had been left to drown, either because a storm had made it impossible to pick them up, or those in charge were at fault. The eight generals were dismissed, and six of them returned

The unfair attacks on Liz Truss prove that Parliament has too many lawyers

If there were any doubt that there are too many lawyers in Parliament it has been removed by the meeting, on Monday evening, between backbench Conservative MPs and the justice secretary Liz Truss. The subject was Truss’s alleged failure to defend the judiciary from criticism of last week’s High Court judgement on the enactment of Article 50. One MP was reported as saying: ‘Her job is to defend the judiciary from attack.’ No it isn’t. Liz Truss has special duties as Lord Chancellor – but she is the government’s justice secretary, not CEO of a judges’ trade association. Her duty as Lord Chancellor is to uphold the continued independence (from

Brendan O’Neill

In defence of the Daily Mail

Who’s more hysterical: the Daily Mail for branding three judges ‘enemies of the people’ or the Dailymailphobes who have spent the past three days promiscuously breaking Godwin’s Law and accusing the Mail of being a paper-and-ink reincarnation of Hitler, an aspiring destroyer of judicial independence, and a menace to British civilisation that ought to be boycotted by all decent people and no longer handed out on British Airways flights because it is ‘against democracy and the rule of law’? I’m gonna go out on a limb and say it’s the latter. And that the irony is delicious: the very people accusing the Mail of being unhinged have themselves given new

David Davis defends Article 50 appeal in Commons debate

David Davis tried to reassure Tory MPs that last week’s court ruling — and the forthcoming supreme court appeal — would not delay the government invoking Article 50, in a Commons statement this afternoon. The Brexit secretary re-stated Theresa May’s words that the government values the independence of the judiciary and the freedom of the press. He insisted that, despite the appeal, May still plans to trigger Article 50 by the end of March. The subsequent debate, however, made clear just how much division there is on the issue — as Davis accused those MPs demanding control over Brexit of wanting to ‘wreck the negotiation’. Anna Soubry’s call for ‘temperate’

Katy Balls

Labour struggles to work out its position on triggering Article 50

What is Labour’s position on triggering Article 50? Four days on from the High Court’s ruling that Parliament must vote on whether the UK can start the process of leaving the EU and confusion reigns. First, Corbyn suggested Labour could oppose Theresa May’s attempts to trigger Article 50. He said the party would block Article 50 if key demands were not met. Given that these demands included access to the single market, it seemed unlikely the government would be able to meet them — and instead an early election could be on the cards. However, Tom Watson — Labour’s deputy leader — then appeared on the radio where he contradicted Corbyn. Watson

Tom Goodenough

What the papers say: The Brexit backlash continues

The row over last week’s High Court ruling on Article 50 rumbles on this morning. Theresa May has given her backing to the judiciary, with the PM saying she ‘values the independence of our judiciary’. Yet some of this morning’s newspaper editorials are in much less forgiving mood. The Daily Telegraph points out the distinction between the rule of law and the rule of judges and says that Lord Thomas, the Lord Chief Justice, Sir Terence Etherton, the Master of the Rolls and Lord Justice Sales quite simply got it wrong last week. The paper says the government is right to appeal the decision, pointing out that it’s not uncommon for