British government to appeal court ruling on Brexit

The British government is to appeal against a High Court ruling that the prime minister must seek MPs’ approval to trigger the process of taking Britain out of the EU.

Campaigners were celebrating victory in the legal battle against Theresa May’s decision to use the royal prerogative in her Brexit strategy, with demands for her to now set out her negotiating strategy to MPs.

In one of the most important constitutional cases in generations, three senior judges ruled that the prime minister does not have power to use the prerogative to trigger Article 50 of the Lisbon Treaty to start the two-year process of negotiating Brexit without the prior authority of parliament.

Within minutes of the ruling, International Development Secretary Liam Fox told the House of Commons the government will appeal to the Supreme Court.

A government spokesman said: “The government is disappointed by the court’s judgement. The country voted to leave the European Union in a referendum approved by act of parliament. And the government is determined to respect the result of the referendum.”

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Unless overturned on appeal at the Supreme Court — or at a potential further appeal to the European Court of Justice in Luxembourg — the ruling threatens to plunge the government’s plans for Brexit into disarray as the process will have to be subject to full parliamentary control.

Dr Fox told the Commons the government remained “determined to respect the result of the referendum”.

Labour leader Jeremy Corbyn said: “This ruling underlines the need for the government to bring its negotiating terms to parliament without delay. Labour respects the decision of the British people to leave the European Union. But there must be transparency and accountability to parliament on the terms of Brexit. Labour will be pressing the case for a Brexit that works for Britain, putting jobs, living standards and the economy first.”

The Supreme Court is understood to have set aside time in early December to hear the government’s appeal.

Enda Kenny: Politicians across Ireland need to establish Brexit priorities https://t.co/DOFx5RWyKh pic.twitter.com/JxRhmV2fh9

— Irish Examiner (@irishexaminer) November 3, 2016