The Government has lost its appeal on triggering Article 50 after the Supreme Court ruled against Theresa May by a majority of 8 to 3. Remainers will be buoyed by this, the Government will be frustrated, but how should Brexiteers feel? Well, I’m sure many are going to be very frustrated and the extreme elements – the Leave.eu mob, for example – will be spitting bile all day. Nigel Farage will probably be harping on about the Supreme Court violating the “democratic will of the British people” when all he used to talk about (aside from immigrants) was “parliamentary sovereignty”.
Well, fellow Brexiteers, we wanted parliament to take back control, and now it has. I voted to leave the European Union in part to empower parliament, I have also argued in the past the too much power was vested in the Executive, I’ll be damned if i’m going to flap about in apoplectic, hypocritical rage now. We will now witness a truly great thing: MPs in a full-blooded debate of historic proportions that will fundamentally alter the future of the United Kingdom. It’s truly magnificent; this is what parliamentary democracy is all about. Cherish it.
Yes, this means that things are going to be a bit more complex now that the prime minister can’t force through the triggering of Article 50, but democracy is messy and complex. If you want things done at the behest of just a few people go live in a dictatorship. The referendum result was 52% to leave the EU, so there is democratic mandate to leave but no mandate on how we leave. Seceding from the EU is incredibly complex and not something that should be done rashly. Let’s stop, think, debate, discuss and find the best way forward that parliament and the country can rally behind.
Now that parliament has reasserted itself MPs can ensure that the Executive is suitably constrained and has to explain itself before moving forward reasonably and sensibly. If MPs act to seek clarity on what kind of customs agreement will be sought, try to force the PM to guarantee the rights of EU nationals currently residing in the UK, and seek reassurances that the transition will be managed and a crash landing avoided, that’s all for the better. Our democracy will benefit from this ruling which is the first step in becoming a mature, independent democratic state with a parliament full of empowered elected representatives.
The ruling does not mean that Brexit has been stopped. It isn’t an endorsement of the resurgent Remain movement nor should it be taken as such. The worst thing that Brexiteers can do now is have a tantrum and allow the sweaty demagogue Farage to set our agenda. Accept the ruling, be happy that we live in a country where the government is subject to the rule of law and don’t make a hypocrite of yourself.
If MPs or peers do attempt to prevent the triggering of Article 50 it will be a disgrace and they should expect a peaceful protest and righteous backlash from Brexiteers. The referendum result must be respected; that debate is over. Let the new great debate begin anew.
Ben Kelly is an Executive Director of Conservatives for Liberty.
