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Brexit legal bid

Brexit challenge to Prime Minister’s power to trigger negotiations thrown out by High Court

Supreme Court will hear legal challenge after Northern Ireland judge rules in favour of Government saying the province cannot overrule the majority's Brexit decision

Mr Trump praised Britain's decision to leave the EU

LEGAL challenges to the Prime Minister's power to trigger Brexit negotiations have been rejected at Northern Ireland's High Court.

The court, in Belfast, ruled the law of the province did not restrict Theresa May's ability to start the exit from the European Union, and also declared she did not need to ask permission from the regional parliament to do this.

SDLP Colm Eastwood
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SDLP leader Colm Eastwood was one of the Stormont politicians who brought a legal challenge against Theresa May's governmentCredit: Pacemaker Press
Former Alliance Party leader David Ford
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The politicians, including former Alliance Party leader David Ford (centre), brought a legal challenge saying the Northern Ireland Assembly should have a veto on BrexitCredit: Pacemaker Press

But it has deferred to the English courts the issue of whether the PM can invoke Article 50 of the Lisbon Treaty - the mechanism which starts the withdrawal process from the bloc - without the backing of the parliament in Westminster.

Giving his judgement at the court this morning Mr Justice Paul Maguire said there was nothing in the 1998 Good Friday Agreement which meant the Government in Westminster did not have the power to trigger Article 50.

He said the implications for Northern Ireland were still uncertain after Prime Minister Theresa May said she would begin exit negotiations with Europe by the end of March.

His judgement is the first in legal cases around Brexit that are being closely watched by politicians and markets, including a case in London on whether Mrs May has the power to trigger Article 50.

A cross-party group of politicians from Sinn Fein, the Social Democratic and Labour Party (SDLP), the Alliance Party and the Green Party had brought a legal challenge claiming Northern Ireland should have a veto on an exit.

And they also said the Stormont Assembly should have a say on whether to trigger negotiations with Europe.

Raymond McCord, whose son was murdered by loyalist paramilitaries, had a separate Brexit challenge surrounding its impact on the peace process heard alongside that of the politicians at the High Court in Belfast.

The reports his lawyer had argued the Good Friday peace agreement meant Westminster had handed the sovereignty of Northern Ireland over to its people.

He was concerned leaving the European Union would have a "catastrophic effect" on the peace process and worried that Brexit would mean EU money for peace projects in the region would be ended.

Mr McCord has said he will appeal against the ruling in the Supreme Court.

Mr Justice Maguire said it was "not viable" that Northern Ireland, where 56 percent of voters backed remaining in the bloc, should overrule the 52 percent of the United Kingdom as a whole that voted in favor of leaving.

Belfast High Court legal decision
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Raymond McCord was arguing the Good Friday peace agreement meant Westminster had handed the sovereignty of Northern Ireland over to its peopleCredit: Pacemaker Press

He said: "The UK Parliament has retained to itself the ability to legislate for NI without the need to resort to any special procedure.

"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 added: "In respect of all issues, the court dismissed the applications."

Mr McCord said: "Today is a setback but we will see the judges in London.

"I believe what we are doing is correct.

"Fifty-six percent of the people of this country (Northern Ireland) voted to remain."

The cross-party group of politicians who mounted the other legal challenge said they were "deeply disappointed" by the rejection of their case, but had not yet decided whether to appeal.

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