David Davis’s lays out the UK government’s plan to appeal to the Supreme Court…

David Davis’ complete statement on the High Court judgement, pointing out that the government’s belief that the referendum (advisory) given that the initial decision was only to trigger the Article and not to leave the EU per se, it was entitled to use prerogative.

To that end, he plans to appeal the judgement, which he says should be dealt with in December, leaving the government (he hopes) time to keep to its original timetable. He mentions Northern Ireland here and says the government will robustly defend against any appeal.

Towards the end he reminds the house “that Article 50 is the beginning of the process, not the end”. That may be so, but triggering Article 50 is also an irrevocable act with clear material consequences to it not least the potential and permanent loss of citizen’s rights.

And in such circumstances Westminster’s Parliamentarians may yet have cause to thank the courts in lieu of the weakest and most divided opposition the UK has seen in many generations.

Notably, he had little to say about the opprobrium heaped upon the High Court for most of last week. For those still struggling (and there’s at least one Irish Parliamentarian who should take careful note), this was the danger articulated last year by Lord Neuberger…

  • hgreen

    This is wrong. Article 50 is not irrevocable and can be reversed up until exit is final.

  • Roger

    Does that mean art 50 can be triggered; 1 year later withdrawn; 1 year later submitted and the second time around the 2 year clock restarts at day 1?
    Interesting if that’s right.

  • hgreen

    Yes.
    If you think of a scenario where a govt triggers article 50, loses power during negotiations and the new govt wants to cancel article 50 it’s pretty obvious why reversal is supported.

  • Roger

    Interesting. Hope we don’t have to endure more than 29 months of listening to Brexit

  • AndyB

    That is incorrect.

    Once Article 50 is invoked, it cannot be revoked unilaterally – notice is final unless the rest of the EU gives consent.

    Of course, if you have case law in CJEU deciding otherwise, but since Article 50 is couched in absolute terms it is likely to be read at face value – which both the High Court of England and Wales and the High Court of Northern Ireland did.

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