Government Could Face New Legal Challenge on Brexit

Government Could Face New Legal Challenge on Brexit

Gina Miller, the woman who sucessfully won a case about Brexit in the Supreme Court, is considering filing another legal challenge.

Previously the investment manager forced the Government to pass a bill before starting the formal process of Brexit. The Prime Minister had said she would be able to start the process herself, but the European Union (Notice of Withdrawal) Bill is now in the process of being passed in the House of Commons and the Lords.

What could the new case be about?

Speaking to Bloomberg, Ms Miller said she was looking at lanching a new challenge if Parliament isn’t given a vote on the final terms of the UK’s exit. She explained:

If the government includes the amendment to give Parliament a meaningful vote in 18 months time, before handing to the EU Commission, there will be no need for further legal action. But if the government tries to invoke the Henry VIII powers to prevent full scrutiny, that is another matter. Parliament is the sole, supreme legislative authority to create, repeal or amend our laws.

She added that she would file any new challenge “reluctantly”, as it would mean lawmakers weren’t doing their jobs in holding the Government to account.

So, what happens now?

The bill is currently being debated in the House of Lords, who have already agreed an amendment to protect EU nationals living in Britain. The amendment on the vote is due to be discussed next week.

After it has finished in the Lords it will then be sent back to the House of Commons – basically both houses need to agree. Depending on the outcome of the amendment on the vote, we may then see another legal challenge.

Want to know more about this? Read up on:

  • Read this news story on how the Government has a ‘moral obligation’ to secure the rights of EU citizens
  • Take a look at a piece on the Human Rights Committee warning EU nationals are not bargaining chips
  • Understand the Supreme Court ruling on a Brexit Bill in plain English

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About the Author

Jem Collins

Jem is the News and Social Media Editor at RightsInfo. She is also passionate about helping young people into the media and runs Journo Resources, a free resources project, as well as serving as a trustee of the Student Publication Association. She is also one of the co-founders of The Second Source, a group to help end harassment in the media. View all posts by Jem Collins.
Government Could Face New Legal Challenge on Brexit
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