Supreme Court Brexit appeal judges ‘set for split decision’ frustrating Remain MPs’ attempts to block Article 50
SUPREME Court judges are said to be set to give Parliament the chance to vote on when Britain leaves the European Union.
But the top judges are reportedly split over the historic Article 50 ruling when it was previously suggested the majority were favouring the pro-Remain argument.
The reports that seven of the 11 judges look likely to turn down the Government's appeal of a High Court case by 11 pro-Remainers spearheaded by Gina Miller.
They have argued it should require an Act of Parliament, passed by MPs and the House of Lords, to leave the EU because triggering Article 50 would revoke legislation which took the UK into Europe.
This news could be a boost for the Brexit camp because a narrow defeat would make it harder for Remain-supporting MPs and peers to delay the progress of a new law triggering Article 50 of the Lisbon Treaty and begin talks to exit the EU by the end of March.
One source told the Telegraph said: “The understanding is that it is unlikely to be a slam dunk either way; even if a majority agree with Gina Miller, there will be a sizeable minority who don’t.
"It will potentially be a split decision.
“The feeling among those in the room was the division among the judges was much more pronounced than perhaps it first appeared.”
READ MORE:
- What is the Article 50 Appeal?
- Theresa May will still trigger Article 50 by end of March 2017 despite High Court defeat, says No10
- Brexit ‘could be delayed for FOUR YEARS by Remainers, warns QC
- Theresa May’s plan for leaving the EU in tatters after judges rule Parliament needs approval on Article 50 in Brexit legal challenge
- What is Article 50, why is it key to EU Brexit and will Parliament get to vote on it?
- Theresa May uses first Tory conference speech as PM to vow Britain will quit the EU by April 2019
- Conservatives could QUADRUPLE their majority in the Commons if Theresa May called a snap election
- Top Supreme Court judge Lord Neuberger questions whether Parliament vote triggering Article 50 is needed after MPs back Brexit plan
A decision by the Supreme Court judges, after the four-day hearing this week, is not expected until the middle of January.
Government lawyer James Eadie had said that if it lost the appeal, ministers would put down a bill containing just a “one line” statement, which would be quicker.
Mrs May is fighting to overturn the High Court ruling that she fears could end up delaying Brexit for months.
In a vote in Parliament on 7 December the PM’s pledge to deliver on June’s landmark referendum verdict was backed by a massive majority of 372.