Remain hopes dashed after Government says Article 50 does NOT need Commons approval

REMAIN campaigners who are refusing to accept the vote of the British public to exit the European Union (EU) have had a plot to overturn the decision FOILED.

Government lawyers have now confirmed there does NOT need to be a vote in parliament before Article 50 of the Lisbon Treaty, which triggers the two-year process of negotiating the UK's withdrawal from the EU.

It was revealed today the process can be invoked by British law, under the Royal Prerogative.

The timing of Article 50 will be a matter for the prime minister elected by Conservative Party members on September 9.

But law firm Mishcon de Reya has launched legal action on behalf of a group of anonymous clients, arguing that an Act of Parliament will be required to deploy Article 50.

Cabinet minister Oliver Letwin, who is heading a Whitehall Brexit Unit to prepare the way for negotiations told the House of Commons Foreign Affairs Committee, has said the issue is almost certain to end up with the courts.

Mr Letwin told the Commons Foreign Affairs Committee: "It is entirely a matter for the new administration to take how to conduct the entire negotiations, and obviously part of that decision is about when to trigger Article 50."

There were "conflicting views" over whether Article 50 can be invoked under prerogative powers or required parliamentary approval, said Mr Letwin.

Mr Letwin said the issue was "academic" because the withdrawal process will also involve either repealing or amending the 1972 European Communities Act, which will require debates and votes in both Houses of Parliament.

But Mr Letwin said government lawyers had already begun work on assessing how to repeal the European Communities Act , the 1972 legislation that forms the basis of the UK's membership.

He told the House of Lords EU committee Article 50 could be triggered by the PM without Parliament's authority but "in order finally to leave the EU we need to repeal or hugely amend the European Communities Act".

He said: ”In order to do that by the time that we are proposing to leave, clearly one needs to start what is quite a long parliamentary process at quite an early stage, which is why I have asked parliamentary counsel already to begin looking at what is involved in repeal or substantial amendment of the European Communities Act.”

Europe Minister David Lidington hinted that talks were under way about the possibility of giving up the UK's presidency of the European Council.

Under the rotating presidency system, the UK is scheduled to be in charge of the EU's agenda in July-December 2017.

Mr Lidington told the peers: "It is an issue that has not yet been fully resolved."

But he said he had discussed the issue with his counterparts in Estonia and Malta — the two countries which hold the presidency either side of the UK's term.

He said: "Discussions are ongoing." 

Mr Letwin told the Committee that his unit would not make recommendations to the incoming PM, but would build a team of negotiators for "complicated and arduous" talks, identify specific issues affecting different sectors during the Brexit process and draw up options for future action.

He said he was aiming to offer the new administration "the greatest possible flexibility" to make decisions on how to implement the referendum decision to quit the EU.

But he added: "I have no mandate to negotiate, nor am I negotiating, nor will I negotiate with anybody."

The new ‘Brexit’ unit will take in civil servants with appropriate experience and skills from across Government, and could also draw on external expertise, including academics and even employees of other national governments, he said.

Crispin Blunt suggested it was an "act of gross negligence" that the Government made no contingency plans in advance of the referendum for the possibility of withdrawal negotiations.

But Mr Letwin insisted it would not have been possible to "pre-design a strategy" for the administration which will conduct the talks after taking up office in September.

Labour committee member Yasmin Qureshi said David Cameron's announcement on the morning of the referendum result that he would step down as PM was "a clear dereliction of duty".

She told Mr Letwin the PM had "abandoned ship", adding: "He had the keys to the country and he has crashed it."