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Belfast court rejects legal challenges against Brexit | Belfast court rejects legal challenges against Brexit |
(35 minutes later) | |
The UK’s first legal challenges against Brexit have been rejected by a Belfast court. | The UK’s first legal challenges against Brexit have been rejected by a Belfast court. |
Two parallel legal actions to stop Britain leaving the EU from the victims of terrorism in Northern Ireland and a host of local politicians and community leaders have both failed. | Two parallel legal actions to stop Britain leaving the EU from the victims of terrorism in Northern Ireland and a host of local politicians and community leaders have both failed. |
Delivering his judgment in the high court on Friday morning, Mr Justice Maguire said the implications of Brexit for Northern Ireland were still unclear after the prime minister indicated she would start negotiations to leave the EU before March 2017. | |
“While the wind of change may be about to blow, the precise direction in which it will blow cannot yet be determined, so there is a level of uncertainty, as evidenced by the discussion about how the Northern Ireland land border with Ireland was affected by withdrawal from the EU,” he said. | “While the wind of change may be about to blow, the precise direction in which it will blow cannot yet be determined, so there is a level of uncertainty, as evidenced by the discussion about how the Northern Ireland land border with Ireland was affected by withdrawal from the EU,” he said. |
Maguire said it was not in the court’s power to overturn a political decision but the judgment in Belfast would not prejudice other legal challenges to Brexit in English courts. | Maguire said it was not in the court’s power to overturn a political decision but the judgment in Belfast would not prejudice other legal challenges to Brexit in English courts. |
“It is the court’s view the prerogative power is still operative and can be used for the purpose of the executive giving notification for the purpose of article 50. This, however, is said without prejudice to the issues which have been stayed and which are under consideration in the English courts,” the judge said. “In respect of all issues, the court dismissed the applications.” | “It is the court’s view the prerogative power is still operative and can be used for the purpose of the executive giving notification for the purpose of article 50. This, however, is said without prejudice to the issues which have been stayed and which are under consideration in the English courts,” the judge said. “In respect of all issues, the court dismissed the applications.” |
Among those who took the legal challenge to Brexit was the victims campaigner Raymond McCord, whose son was murdered by loyalist paramilitaries. He had argued that Brexit would endanger the peace process. | |
His legal team also argued that under the terms of the 1998 Good Friday agreement, there would have to be a separate referendum for Northern Ireland only on whether or not the region should be ejected from the EU. | His legal team also argued that under the terms of the 1998 Good Friday agreement, there would have to be a separate referendum for Northern Ireland only on whether or not the region should be ejected from the EU. |
But Maguire dismissed this argument, pointing out that the agreement only pertained “in the particular context of whether Northern Ireland should remain as part of the UK or unite with Ireland” and had no relevance to Brexit. | But Maguire dismissed this argument, pointing out that the agreement only pertained “in the particular context of whether Northern Ireland should remain as part of the UK or unite with Ireland” and had no relevance to Brexit. |
A government spokesperson said: “We welcome the court’s judgment, which agrees with us that the government can proceed to trigger article 50 as planned. | A government spokesperson said: “We welcome the court’s judgment, which agrees with us that the government can proceed to trigger article 50 as planned. |
“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. We will now await the outcome of the parallel cases under consideration by the England and Wales high court before setting out our next steps.” | “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. We will now await the outcome of the parallel cases under consideration by the England and Wales high court before setting out our next steps.” |