Posts Tagged ‘Wales’

Government intends to repeal 1972 European Communities Act after signing Article 50

January 26, 2017

from The Tap

So the Supreme Court finally published its judgment on whether the Government could trigger Article 50 using prerogative (executive) powers.It was absolutely right for the Prime Minister to appeal to the Supreme Court, contrary to some who have said that the Government wasted money in doing so. After all, the ruling divided into two distinct and important parts. The PM’s critics miss an important point, which is that the court had been asked to rule on the outcome of two of the UK’s High Courts, those of Northern Ireland and separately of England and Wales. The Government needed to establish a clear position on both. In the end, like the curate’s egg it was good in some parts but bad in others.Perhaps the most vital of the issues before the court was whether the UK government had an overriding legal obligation to consult the devolved administrations prior to triggering Article 50. In essence this would have handed enormous power to the devolved administrations. For the Government, this was perhaps the most difficult area for, if upheld by the Supreme Court, then it would have led to long delay and intense and complicated arguments between the devolved administrations and Westminster.

In fact, many believe that the purpose of this demand was to block the triggering of Article 50 completely. Certainly, had the Court ruled in their favour then the process would have ground to a halt, and Article 50 would have likely as not become bogged down in tortuous legal and political debates. To the Government’s relief, that now will not happen.

However, in the second part of the judgment, the Court, in a split decision, ruled against the Government’s appeal. It found that the Government had to legislate before invoking Article 50. This means putting a Bill through the Commons and the Lords which is capable of being amended.

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