They decided by a majority of 8 to three that she must consult Parliament before triggering Article 50. But the court ruled unanimously that the decision is for the House of Commons to decide on Brexit, and the Prime Minister does not have to consult the devolved administrations in Scotland and Wales. The result means MPs will get a vote in Parliament on whether to kick off the Brexit process. And more importantly, they’ll be allowed to debate and scrutinise the bill which triggers it. However, it’s thought the bill – which the Prime Minister has said she will pass by the end of March – could be just two clauses long, leaving little scope for MPs to amend it. Announcing the ruling, Lord Neuberger, the President of the Supreme Court, said the issues at hand “have nothing to do with whether the UK should exit from the EU, or the terms or timetable for the exit.”
Campaigner Gina Miller arrives at the Supreme Court in Parliament Square.(Photo: Leon Neal)
“The main issue is whether the government can trigger Article 50 without prior approval from an Act of Parliament.”
The President said the government does have prerogative powers.
But, he said: “The government cannot exercise that power if it would thereby change UK laws unless it is authorised to do so by Parliament.”
He confirmed: “Today by a majority of 8 to 3 the Supreme Court rules that the government cannot trigger Article 50 without an Act of Parliament.”
In a speech last week, Mrs May confirmed MPs will get a vote on any deal she negotiates with Brussels before Britain finally leaves the European Union.
(Photo: PA)
And she said she was prepared to yank the UK out of the European Single Market as part of the deal.
Businesswoman Gina Miller led a consortium of pro-EU figures in a legal bid to demand MPs be allowed to scrutinise and vote on Article 50 . The government have already been defeated once at the High Court. But the Prime Minister was so convinced she was right, she appealed to the Supreme Court, which led to days of legal argument.