Government loses Article 50 case. Parliament takes back control

The government has lost the court case on Article 50. There will be a full debate and a vote in Parliament before the Prime Minister is able to trigger the formal process that begins Britain’s two years of negotiations with the EU on the terms of departure.

The government’s lawyers had argued that the legal position allowed May simply to proceed by executive order at a time of her choosing. That case did not convince judges.

What does it mean? It makes the situation a good deal messier and may even convince some Remainers that they can overturn Brexit in the end, by harrying the government and then blocking Article 50 or setting impossible negotiating terms that collapse the talks. It has so pleased those in the markets – who seem to be weirdly unskilled at reading the politics of Brexit – that Sterling shot up when the news broke.

In reality it does not mean the end of Brexit. The courts have not reversed Brexit. They cannot. They have merely concluded that the executive is accountable to Parliament. Parliament is, in the language of the Leave campaign, “taking back control”.

That does not constitute a licence to keep the UK in the EU. If MPs or peers block Brexit or think they micro-manage the talks then they should prepare for a peaceful protest march on London by several million Leave voters the like of which has never been seen. As long as we’re all clear on that.

If, on the other hand, parliamentarians use this to force the executive to explain itself clearly and proceed sensibly then this judgment is terrific news. It is quite wonderful to see Parliament reasserting itself, and former Europhiles suddenly defending the sovereignty of Parliament. After all, that was one of the main points of voting to Leave.

Inevitably, in response to the decision Nigel Farage has declared that “betrayal is near”, which is the cry of populist demagogue down the ages.‎ He has a habit of getting it wrong and speaking loudly and too early without thinking. On referendum night he declared that Leave had lost. Wrong! Incidentally, his speech at the Spectator Parliamentarian of the Year awards last night was particularly graceless, in contrast to George Osborne’s very funny and self-deprectating contribution.

I am sure some of my Brexit friends will be worried, or even furious, about the outcome of this case. They – both sides, indeed – should embrace it‎. But we will publish a counter to my view on Reaction later.