Supreme Court judge suggests Theresa May could have to replace reams of EU legislation before triggering Article 50 in fresh Brexit blow

A SUPREME Court judge has warned Britain could have to unpick and replace all existing EU laws before triggering Brexit talks.

Lady Brenda Hale said an Act of Parliament may not be enough to invoke Article 50 and kickstart the exit process - and that comprehensive legislation may be needed instead.

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Theresa May has vowed to introduce a Great Repeal Bill, which will be brought forward next year, which will enshrine all EU laws into UK law before any unwanted parts are repealed at a later date.

But Lady Hale's intervention indicated that Mrs May could have to do this before Article 50 is triggered in the first place, which could throw off the Prime Minister's timetable to begin Brexit talks in March.

Speaking in Kuala Lumpur, Lady Hale said: "The argument is that the European Communities Act 1972 grants rights to individuals and others which will automatically be lost if the Treaties cease to apply.  Such a result, it is said, can only be achieved by an Act of Parliament.

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"Another question is whether it would be enough for a simple Act of Parliament to authorise the government to give notice, or whether it would have to be a comprehensive replacement for the 1972 Act."

Lady Hale is also one of the 11 judges who will consider the government's appeal in the Supreme Court next month.

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In October the High Court ruled that parliament must be consulted before Article 50 is triggered. The Government argued it did not need to do this, but it was overruled.

The government are drawing up plans for a Brexit Bill to be pushed through the Commons after the expected ruling is handed down in December.

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Brexit-supporting MPs have lined up to criticise her for speculating about the case before it is due to be heard.

Ukip MP Douglas Carswell said: "If their lordships are going to insist that Article 50 can only be triggered by a substantive piece of legislation I think it will undermine what confidence people have in our democracy."

Conservative MP Jacob Rees-Mogg said that her comments were "remarkable".