At Westminster on Monday during the debate about Brexit following a statement by the Prime Minister – the third in ten days by The Rt Hon Theresa May – the MP for Edinburgh South West reminded the Prime Minister there could be another route – one which she is rigorously pursuing.
Joanna Cherry QC MP said : “Tomorrow I will be part of a cross-party group of Scottish parliamentarians, from the Scottish National Party, the Labour Party and the Scottish Green Party, who are going to the Court of Justice in Luxembourg to establish that it would be possible for this Parliament to tell the Prime Minister to revoke her article 50 notice.
“Does she share my sense of pride that it will be Scottish parliamentarians and the Scottish courts who will give this Parliament a true alternative to her deeply flawed deal?”
The Prime Minister responded : “I know that the honourable and learned Lady has consistently raised the issue of the revocation of the article 50 notice. As she knows, it is not going to happen, because it is not Government policy.”
Earlier today Ms Cherry was in Luxembourg along with Andy Wightman MSP, Alyn Smith MEP and Jolyon Maugham QC of the Good Law Project. They were there to attend a court hearing this morning in front of the full court of 27 European judges. The judges say they will decide the case quickly.
The four petitioned the European Court of Justice to find out if Article 50 by which the UK triggered Brexit is capable of being revoked without approval or permission of the other 27 states.
The UK Parliament is due to take a vote on the Withdrawal Agreement on 11 December so it would seem an urgent matter that this case is decided soon, but there is no guarantee on when the decison will be delivered.
Aidan O’Neill QC represents the group of Scottish politicians, two of whom are lawyers themselves. Advocate General Lord Keen represents the UK Government.
The Edinburgh MP tweeted her thoughts this afternoon :
Thanks to everyone who has supported us financially & to our fantastic legal team. We are happy with how today went & look forward to #CJEU judgment on #Art50 revocability #StopBrexit #PeoplesVote @andywightman @AlynSmith @JolyonMaugham pic.twitter.com/IuW2UpbXcw
— Joanna Cherry QC MP (@joannaccherry) November 27, 2018
There is no transcript of the case available and it was not live streamed.
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