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'NO GOING BACK'

Brexit Secretary David Davis says ‘the point of no return’ was passed on June 23

Government will fight Article 50 legal ruling at the Supreme Court in early December

David Davis

BREXIT Secretary David Davis has told Parliament there is no going back and even despite last week's legal setback starting the process of leaving the EU should take place by April.

He told Parliament the Government's appeal of the legal decision should take place in early December.

 Brexit Secretary David Davis has ridiculed the differing opinions in the Labour Party about Brexit
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Brexit Secretary David Davis has ridiculed the differing opinions in the Labour Party about BrexitCredit: parliamentlive.tv

Mr Davis said the Supreme Court is expected to hear in early December the Government's appeal against a High Court ruling that it must get parliamentary approval before triggering Article 50 of the European treaties.

His statement to the House of Commons came after Downing Street refused to deny reports that ministers were already drafting legislation to give MPs and peers a say over the triggering of Brexit.

The Cabinet minister insisted that whatever the Supreme Court decides, the Government remains on course to deliver on the timetable promised by the Prime Minister.

 Theresa May is currently in India meeting their PM Narendra Modi
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Theresa May is currently in India meeting their PM Narendra ModiCredit: EPA

He started his statement to the House of Commons by saying there is no going back and they will implement the people's wishes.

"There can be no going back. The point of no return was passed on June 23," he said.

Speaking about last week's court case he said he values the independence of the judiciary and the freedom of the press.

But he said the Government's view is still that it can use prerogative powers to change the law without using legislation.

And he said they will appeal at the Supreme Court over the High Court's decision.

Davis says he thinks the legal timetable will allow the Government to stick to its plan of triggering Article 50 by the end of March.

 Keir Starmer says Labour will not undermine the decision of the British people
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Keir Starmer says Labour will not undermine the decision of the British peopleCredit: parliamentlive.tv

In response the Shadow Brexit Secretary Keir Starmer has said there's only so many times you can ask is that it and questioned what happens if the Government loses the appeal.

He said he did not expect Theresa May to reveal her negotiating hand but there were issues such as the single market and customs union where ministers should set out their stance.

He said the Government's approach was "unravelling" in an "ugly way" - stepping up his attack on ministers over the treatment of the judiciary following the High Court ruling.

"We saw a series of appalling personal attacks on the judges, including the suggestion that they were enemies of the people," he said.

Sir Keir, a former director of public prosecutions, said Lord Chancellor Liz Truss had been "too slow and too reluctant" to defend the judiciary.

He assures the House of Commons that Labour will not vote down Article 50 but called on Davis to abandon the legal appeal at the Supreme Court.

But Davis has hit out at attempts by opposition MPs, including former deputy prime minister Nick Clegg, to secure a second referendum, claiming they were attempting to "thwart" Brexit.

He said a fresh plebiscite on the terms of exit would encourage the rest of the EU to impose "impossibly difficult conditions" in an attempt to ensure a vote to reverse the Leave decision.

"In other words, the whole approach is designed to wreck the negotiations," he said.

And he also blasted the Opposition saying he does not accept Starmer's accusation that the Lord Chancellor Liz Truss failed to defend the judiciary after the High Court judges were criticised for their decision.

After quoting the statement Truss made he said he recalled a Labour Home Secretary attacking judges by name when the party was in power.

And he said back in 2012 he was one of the MPs who backed the Labour former Northern Ireland secretary when he was threatened with legal action for criticising a judge.

 Michael Gove said  politicians must respect the fact that 17.4million people voted to leave the EU
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Michael Gove said  politicians must respect the fact that 17.4million people voted to leave the EUCredit: parliamentlive.tv

Prominent Brexiteer Michael Gove also attacked Labour and the Lib Dems for trying to "thwart the mandate" from the British people.

He asked Mr Davis: "The independence of our judiciary is a very precious thing and it must be respected.

"The independence of our free press is also a very precious thing and it must be respected.

"And the fact that 17.4 million people, a majority of the British people, voted for our national independence is a precious thing and that must be respected.

"So will my right honourable friend guarantee that he will not allow the efforts of Nick Clegg, Ed Miliband or indeed any member of the House of Lords to thwart the mandate this Government has been given in order to ensure that we can take back control of our laws, our money, our trade, and our sovereignty."

In response Davis said: "I'm happy to give him that undertaking."

 David Davis, the Secretary of State for Exiting the European Union, responded to the Brexit legal ruling
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David Davis, the Secretary of State for Exiting the European Union, responded to the Brexit legal rulingCredit: Getty Images

Labour MP Angela Smith asked why the House of Commons cannot start talking about what the Brexit deal will look like tomorrow.

After being told she had not been listening to any of his previous answers, Mr Davis said it was important to wait for the legal decision at the Supreme Court.

Speaking about the personal attacks on Gina Miller - the woman who brought the Article 50 court case against the Government - Davis told the Commons he cannot find words strong enough to say how much he "detests" the attacks.

He said he has not seen any of them personally but from what he has heard about them he thinks some of them have been criminal.

Tory MP for New Forest East Dr Julian Lewis suggests having a vote in the Commons now to see if Remain backing MPs will stand by their pledge of not blocking Article 50.

Davis says he is tempted but will wait for the decision of the courts.

 Tory MP Dr Julian Lewis is suggesting there should be a vote to put through Article 50 now
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Tory MP Dr Julian Lewis is suggesting there should be a vote to put through Article 50 nowCredit: parliamentlive.tv

Also trying to tempt the Brexit Secretary is former Education Secretary Nicky Morgan who said he should bring forward a one-line bill and get it through Parliament very quickly.

He replies he is "very tempted" but, like he said to Dr Lewis, he said it is best to wait for the outcome of the Supreme Court.

Back in September the Tory MP Charlie Elphicke proposed a bill that said Article 50 should be triggered and Labour voted against it.

And today during the debate they have been pushing for a bill to say Article 50 should be triggered.

The representative for Dover accused the Opposition of double standards, saying: "It's an extraordinary sight.
"Is it any wonder that the people of Britain think they seek to subvert the will of the British people?"

Failed Labour leadership candidate Owen Smith asked Davis to condemn the call from interim Ukip leader Nigel Farage for people to march on the Supreme Court when judges begin to hear the Government's appeal.

Instead of doing so Davis said the right to protest is a fundamental one for the British people - but no matter how many people do it would not sway the decision of the judges.

 Owen Smith wanted David Davis to condemn Nigel Farage's call for a march on the Supreme Court
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Owen Smith wanted David Davis to condemn Nigel Farage's call for a march on the Supreme CourtCredit: parliamentlive.tv

Smith also wanted Davis to condemn the comment from Sajid Javid last week attacking the High Court - and said he has refused to do this seven times.

And the SNP MP Martin Docherty-Hughes wanted assurances that the rights of Irish citizens will not be affected by Brexit.

Davis said he did not think they would but will write to him to address the point in more detail.

Prime Minister Theresa May's plan to start formally separating Britain from the European Union by April has been thrown into disarray by a High Court ruling last week that requires her to seek Parliament's approval first.

 SNP MP Martin Docherty-Hughes wanted assurances that the rights of Irish citizens will not be affected by Brexit
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SNP MP Martin Docherty-Hughes wanted assurances that the rights of Irish citizens will not be affected by BrexitCredit: parliamentlive.tv

Davis has said this means an Act of Parliament is required. Others have said a simple resolution in Parliament would suffice.

Opposition figures are demanding that May tell Parliament what her negotiating strategy will be during talks with the 28-nation bloc.

Speaking to the in India, May said she still expects to be able to trigger Article 50 before the end of March.

She said: "“That’s what I’ve said consistently and I continue to work on that basis.
“We believe the Government has got strong legal arguments.
“We’ll be putting those arguments to the Supreme Court and the Supreme Court will make its judgment.”

She did not rule out an early general election and instead said it should be held in 2020.

Brits chose to get out of the EU in the referendum on June 23.

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