Tuesday 23 January 2018

LEGAL ISSUES

This is an interesting article (HERE) about a legal challenge to determine if the government can revoke the Article 50 notification. A submission by members of the Scottish assembly has gone to court and the UK government has responded. The government believes the question of whether it alone can stop Brexit is irrelevant, since it does not intend to change its mind about leaving the European Union.

The government has stupidly set its face against revoking Article 50 so that at the end of the negotiations there will be a choice between accepting the deal they have agree, however bad, or crash out without one. This legal challenge seeks to show we have a third alternative, to stay in on current terms. Mrs May wants to give the impression we are leaving come what may because she fears the EU will offer a poor deal and therefore persuade us to stay in if we seem to be wavering. There probably is that risk.

But surely, it is in all of our interests to know the ground rules? It would be ridiculous to reach the end of the negotiations and not know what our options are.

And there is also progress on the Article 50 challenge (HERE) which claims that parliament has never made the decision to leave the EU as it should have done. This is, I assume, based on the work by David Wolchover (see side bar) but it is now crowd funded to which I have very happily contributed. A Statement of Facts and Grounds was sent to the government on January 5th and a response was received on 19th. A conference with solicitors took place yesterday afternoon and an update is expected shortly.  Incidentally, if you want to pledge a small amount you can do so via the link above.

The government is not out of the legal minefield yet.