Why is Theresa May wasting time and money on the Article 50 case?

The Prime Minister has wasted time, money and weakened her position for no good reason. 

Sign Up

Get the New Statesman\'s Morning Call email.

The question of who has the power to pull the Article 50 trigger – the executive or the legislature – is still rumbling at the Supreme Court, but yesterday’s vote renders the matter somewhat otiose. 

461 MPs voted in favour of a motion supporting the government’s timetable for triggering Article 50, with just 89 dissidents, with 23 Labour MPs and Ken Clarke joining Caroline Lucas, the nine Liberal Democrats and the SNP in voting against the motion. 

“MPs hand May 'blank cheque' for Brexit” is the Telegraph’s splash. “Hooray! MPs say yes to EU exit” roars the Express. “Victory for PM: Commons backs May on Brexit” is the i’s take. “Day MPs spoke for Britain” is the Mail’s splash, while the Guardian goes for the somewhat more sedate “MPs back government timetable to trigger Article 50” below the fold.

But that doesn’t mean that the deliberations of David Neuberger and the rest of the Court don’t matter. If the Court rules that Article 50 does represent a loss of rights not provided for in the referendum, that requires a vote of the legislature – and that means both houses of Parliament and an full Act of Parliament. 

It’s entirely possible that the Supreme Court could rule that Article 50 does entail a loss of rights BUT that the legislature had already weighed in by voting to have a referendum – Neuberger described this as the “hole” in the claimants’ case – but the whole affair raises questions of Theresa May’s judgement. It’s not clear what the government has gained by appealing a judgement rather than seeking parliamentary approval. It is clear that the government has wasted both money and time on the court case, when a parliamentary majority was always at hand.

There's a bigger risk to the PM, too. If the Supreme Court judgement limits executive power further, or rules that not only Westminster, but the devolved legislatures, must also vote on whether to pull the Article 50 trigger, the PM’s pugnacious manner could put Brexit – and her premiership – in some jeopardy. 

Stephen Bush is political editor of the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.

Free trial CSS