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Belfast High Court rejects Brexit challenges | Belfast High Court rejects Brexit challenges |
(35 minutes later) | |
A landmark legal challenge against Brexit has been rejected at the High Court in Belfast. | A landmark legal challenge against Brexit has been rejected at the High Court in Belfast. |
Two separate proceedings, one by a cross-party group of MLAs and another from victims' campaigner Raymond McCord, were heard earlier this month. | Two separate proceedings, one by a cross-party group of MLAs and another from victims' campaigner Raymond McCord, were heard earlier this month. |
A judge ruled there was nothing in the 1998 Good Friday peace agreement to prevent the government triggering Article 50, the formal legal process for leaving the EU. | A judge ruled there was nothing in the 1998 Good Friday peace agreement to prevent the government triggering Article 50, the formal legal process for leaving the EU. |
The UK government welcomed the ruling. | The UK government welcomed the ruling. |
The challenge by politicians from Sinn Féin, the Social Democratic and Labour Party (SDLP), the Alliance Party and the Green Party suggested the UK government could not trigger Article 50 without a parliamentary vote. | The challenge by politicians from Sinn Féin, the Social Democratic and Labour Party (SDLP), the Alliance Party and the Green Party suggested the UK government could not trigger Article 50 without a parliamentary vote. |
They said the Brexit decision should be examined and voted on by parliament or, failing that, by the Northern Ireland Assembly. | They said the Brexit decision should be examined and voted on by parliament or, failing that, by the Northern Ireland Assembly. |
Earlier this month, the High Court in London heard that the need for parliament to give its approval before the Brexit process starts is of huge "constitutional importance". | |
Major constitutional changes | Major constitutional changes |
Mr McCord, whose son was murdered by loyalist paramilitaries and who now campaigns for victims of violence during Northern Ireland's Troubles, brought the other legal bid. | Mr McCord, whose son was murdered by loyalist paramilitaries and who now campaigns for victims of violence during Northern Ireland's Troubles, brought the other legal bid. |
His legal challenge came amid worries that the Brexit vote could mean an end to EU funding for peace projects that help Troubles victims in Northern Ireland. | His legal challenge came amid worries that the Brexit vote could mean an end to EU funding for peace projects that help Troubles victims in Northern Ireland. |
His lawyer argued that the Good Friday Agreement meant Westminster had given sovereignty of Northern Ireland over to its people, and that leaving the EU would have a "catastrophic effect" for the peace process. | |
Major constitutional changes such as leaving the EU could not therefore be imposed by a Westminster government, Mr McCord's barrister said. | Major constitutional changes such as leaving the EU could not therefore be imposed by a Westminster government, Mr McCord's barrister said. |
Closely watched by Westminster | Closely watched by Westminster |
But Mr Justice Maguire ruled that prerogative power could still be used, arguing that triggering Article 50 is merely the start of a legislative process in which acts of parliament will be necessary. | But Mr Justice Maguire ruled that prerogative power could still be used, arguing that triggering Article 50 is merely the start of a legislative process in which acts of parliament will be necessary. |
"While the wind of change may be about to blow, the precise direction in which it will blows cannot be determined," he said. | "While the wind of change may be about to blow, the precise direction in which it will blows cannot be determined," he said. |
He concluded that discussing the use of prerogative power to enact the EU referendum result was not suitable for a judicial review. | He concluded that discussing the use of prerogative power to enact the EU referendum result was not suitable for a judicial review. |
It had also been argued that the Good Friday Agreement gave the power of sovereignty to the people of Northern Ireland and that the Westminster government could not therefore make Northern Ireland leave the EU. | It had also been argued that the Good Friday Agreement gave the power of sovereignty to the people of Northern Ireland and that the Westminster government could not therefore make Northern Ireland leave the EU. |
But Mr Justice Maguire rejected this argument as well, saying he could not see anything in the agreement or the relevant legislation that confirmed the view of the applicant. | But Mr Justice Maguire rejected this argument as well, saying he could not see anything in the agreement or the relevant legislation that confirmed the view of the applicant. |
Thus all the issues raised by the applicants were rejected by the court. | Thus all the issues raised by the applicants were rejected by the court. |
Welcoming the ruling, a government spokesman said: "As we have always made clear, we stand by our commitments under the Belfast Agreement and the outcome of the EU referendum doesn't change this. | Welcoming the ruling, a government spokesman said: "As we have always made clear, we stand by our commitments under the Belfast Agreement and the outcome of the EU referendum doesn't change this. |
The case has been closely watched by Westminster, especially as similar hearings are due for judgement in the near future. |