Say Yes 2 Europe – Remain in the EU

Victory in the Supreme Court – and what’s next for Parliament and the People’s Challenge

As has already been widely reported, today an 8-3 majority of the Supreme Court upheld the Divisional Court decision, ruling. They stated:

We cannot accept that a major change to UK constitutional arrangements can be achieved by a ministers alone; it must be effected in the only way that the UK constitution recognises, namely by Parliamentary legislation.”

The Court’s full judgment is here. Here is the Court’s written summary and here is footage Lord Neuberger’s short hand-down speech.

Legal history has undoubtedly been made. Ordinary people’s voices have been heard on fundamental rights issues, thanks to the People’s Challenge. The majority of the Court said they had grappled with “some of the most important issues of law which judges have to decide”.

Their judgment:

Of course, Parliament now may also decide on legislation that is not the ‘one line Bill’ its lead barrister James Eadie QC promised would be the outcome were the appeal to fail.

It will not need to seek the devolved administrations’ approval of the proposed legislation, however, because, said the Court:

Within the United Kingdom, relations with the European Union, like other matters of foreign affairs, are reserved or excepted in the cases of Scotland and Northern Ireland, and are not devolved in the case of Wales”

and the Sewell Convention operated only as a political constraint. The Northern Ireland Act’s self determination provisions did not impact on the Brexit process directly.

In form, then, the judgment is a careful analysis of argument and precedent. But in substance it is no less than a restoration of Parliament to its rightful place as the ultimate decision-maker in our democracy.

What now? The Government will imminently publish an authorisation Bill. MPs will need to decide whether they are prepared to pass it unamended, or to be as courageous as our judges have been and take all necessary steps to ensure they remain in control of the Article 50 process including, critically, the final decision on whether the terms of withdrawal are acceptable.

We are determined to help them, hence the Second People’s Challenge.

There will be one final Update to this first campaign with a breakdown of the work we have done so far. Thank you again for everything you have done to make the People’s Challenge not only possible, but effective.