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Government to respond to High Court Brexit ruling Labour 'won't frustrate' Brexit process
(about 11 hours later)
The government is to give its official response later to the High Court's decision that Parliament should vote on the formal process of leaving the EU. Labour will not "frustrate" the process of triggering talks on the UK leaving the European Union, shadow Brexit secretary Sir Keir Starmer has said.
Ministers lost their case last week, after arguing they did not need the consent of MPs and peers to make the choice of when to trigger Article 50. He said his party would push ministers to reveal plans for negotiations with the EU before Parliament debates them, but added that it should be possible to achieve this by "consensus".
Campaigners say that giving Parliament a vote is vital in a democracy. The High Court has ruled that MPs and peers should vote on triggering Brexit.
Prime Minister Theresa May will not give the statement to MPs at 15:30 GMT as she is on a trade visit to India. But the government is appealing against the decision.
The High Court ruled last Thursday that Parliament should have a say on the timing of invoking Article 50 of the Lisbon Treaty, which gets two years of official talks with the EU under way. Brexit Secretary David Davis is due to address the Commons at 15:30 GMT following the High Court's decision last Thursday that Parliament should have a say before the UK invokes Article 50 of the Lisbon Treaty, which triggers up to two years of formal EU withdrawal talks.
But the government is appealing to the Supreme Court, with a hearing to take place in early December. Ministers argue they do not need the consent of MPs and peers to make this choice, because they have sufficient powers already. A further hearing is expected to take place at the Supreme Court early next month.
Meanwhile, UKIP interim leader Nigel Farage has warned of protests on the streets if the decision in favour of leaving the EU in June's referendum is ignored. Speaking on BBC Radio 4's Today programme, Sir Keir said: "The Labour Party accepts that the government has a mandate to leave the EU. They have no mandate for the terms on which we leave.
But Gina Miller, the lead claimant in the case against the government, said a parliamentary vote would prevent ministers acting like a "tin-pot dictatorship". "We will not frustrate the process by simply voting down Article 50, but we are absolutely clear that before we get to that stage the government must put its plan before Parliament."
Mrs May has promised to invoke Article 50 by the end of next March and insists the High Court's ruling will not affect this plan. Sir Keir said once the government had laid out its negotiating plan, Labour would insist on "discussions" in Parliament on the proposed terms.
Before departing for India on Sunday, she said: "The British people, the majority of the British people, voted to leave the European Union. The government is now getting on with that." He added: "We can't have a vote in a vacuum, but we can't proceed with this approach where the prime minister says, 'I hold all the cards to the future of the UK in Europe and its relationship with Europe and the world and I'm not going disclose even the basic terms to Parliament'. So of course we need that discussion."
Labour says it will not seek to delay the process, with deputy leader Tom Watson telling the BBC on Sunday: "We are not going to hold this up. The British people have spoken and Article 50 will be triggered when it comes to Westminster." The campaigners, led by investment fund manager Gina Miller, who brought the High Court case against the government say that allowing Parliament a vote is vital to the functioning of a democracy.
But Scotland's Brexit minister, Michael Russell, said he could not imagine any circumstances in which SNP MPs would vote in favour of triggering Article 50. Ms Miller said a parliamentary vote would prevent ministers acting like a "tin-pot dictatorship".
In the summer, UK voters opted by 51.9% to 48.1% in favour of Brexit. But Suzanne Evans, one of the three candidates for the UKIP leadership contest, told Today that judges could be "subject to some kind of democratic control" following the High Court's decision.
She did not want to undermine "their judicial independence", but added: "I suppose that in this case, we have had a situation where we have judges committed to stay in the European Union...
"I'm questioning the legitimacy of this particular case. We know that the legal profession threw a collective hissy fit when we voted to leave."
But Sir Keir called this "irresponsible", adding: "Some of us have worked in countries where judges do what governments tell them. We know that's wholly corrosive to the rule of law and democracy."
Prime Minister Theresa May has promised to invoke Article 50 by the end of next March and insists the High Court's ruling will not affect this plan.
For the SNP, But Scotland's Brexit minister, Michael Russell, said he could not imagine any circumstances in which his party's MPs would vote in favour of triggering Article 50.
Following Mr Davis's statement to the Commons, a separate debate will take place on Brexit's potential effect on workers' rights.
In the summer UK-wide referendum, voters opted by 51.9% to 48.1% in favour of leaving the EU.