The government is preparing legislation to trigger the procedure to leave the EU, Sky News reported yesterday, despite Prime Minister Theresa May saying she is confident of overturning a court decision that may delay Brexit.
May’s plans to start the formal divorce procedure from the European Union by the end of March were dealt a blow last week when England’s High Court ruled that her government must seek parliamentary approval for triggering Article 50.
The prime minister is determined to carry out what she calls “the will of the people”. Her spokesman declined to comment directly on the report yesterday, saying only that the government was focused on winning its appeal to the Supreme Court next month.
Sky News quoted sources as saying the government was preparing a bill - legislation that will have to be considered in both houses of parliament in what could be a lengthy process.
May’s focus on ensuring the government has the lead on breaking with the EU has angered some lawmakers, prompting one of her ruling Conservative party MPs to resign last week and deepening splits laid bare in the June EU referendum.
But while those who campaigned to stay in the European Union hope the court decision will soften the divorce terms for Britain, pro-Brexit campaigners and Britain’s eurosceptic newspapers have attacked the judges for what they called a betrayal of the vote.
May’s spokesman told reporters that the government had “strong legal arguments” to win at the Supreme Court.
Meanwhile, shadow Brexit secretary, Keir Starmer, said Labour will not block a parliamentary vote to trigger Article 50 but would insist on first knowing the government’s plans for how it would proceed with leaving the EU.
Starmer did, however, say that the party could try to amend any bill to begin the process of beginning Brexit, and would seek to preserve access to the EU’s customs union and elements of the single market.
Labour’s position was unclear over the weekend, with Jeremy Corbyn warning the party could block Article 50 if its core demands on Brexit were not met, before the deputy leader, Tom Watson, said the party would not do so.
Asked to clarify the position, Starmer told BBC Radio 4’s Today programme that his party wanted to know the government’s plans for areas including future access to the EU’s single market, but would not seek to vote down the triggering of Article 50.
“Labour accepts that the government has a mandate to leave the EU – the mandate given to it on June 23,” Starmer said. “They have no mandate for the terms upon which we leave.
“We know the answer to the question, should we leave or not. That’s a mandate, and the Labour party accepts and respects that mandate. The very next question, hot on the heels, is: what are the terms, what are the basic plans? For that there is no mandate.”
Asked whether Labour would block Article 50 if the planned terms for leaving the EU were not clear or satisfactory, Starmer said: “We will not frustrate the process by simply voting down Article 50 but we’re absolutely clear that before we get to that stage the government must put its plan before parliament.
Pressed to clarify whether this meant Labour could still, in some circumstances, block a vote to trigger Article 50, he replied: “No”.
But speaking later on BBC2’s Victoria Derbyshire programme, Starmer said this process could involve seeking to modify any bill on Article 50. “If it is legislation, then of course there might be amendments put down,” he said.
Asked what these could potentially cover, Starmer said: “We are clear that we need the fullest possible access to the single market, that we should be in the customs union, and that there should be special arrangements for Northern Ireland, Wales and Scotland.”
Also speaking on Today, the Pensions Secretary, Damian Green, refused to comment on reports that the government might try to push a resolution through parliament on Article 50, rather than a full bill, saying all this would need to await the appeal.