LONDON, OCTOBER 28: The first legal challenge against the UK’s decision to leave the European Union was today rejected by the high court in Northern Ireland which ruled that Brexit can happen without lawmakers giving it final approval, dealing a blow to opponents of the historic move.
Those behind the case had argued that British Prime Minister Theresa May did not alone have the right to trigger Article 50 of the Lisbon Treaty, launching a two-year countdown to Britain leaving the European Union (EU) after the country voted for an exit from the economic bloc in a referendum in June.
But after several days of hearings, the court in Belfast threw out the case brought by a cross-community group of politicians and human rights campaigners.
Justice Paul Maguire said that “in respect of all issues, the court dismissed the applications”, adding that the implications for Northern Ireland were still too uncertain to rule in its favour.
He said: “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.”
Lawyers behind the case tried to argue that decision-makers at Northern Ireland’s devolved Stormont Assembly could veto Brexit, assert influence over triggering Article 50 and protect peace process guarantees enshrined in the 1998 Good Friday Agreement, which largely ended violence in Northern Ireland over devolution.
The challenge was brought by politicians from Sinn F in, the Social Democratic and Labour Party (SDLP), the Alliance Party and the Green Party.
They said the Brexit decision should be examined and voted on by Parliament or, failing that, by the Northern Ireland Assembly.
They have indicated they intend to appeal against the decision at the Supreme Court, and that this could be heard as early as December.
The UK government welcomed Friday’s ruling, which marks the first court win in relation to Brexit.
A UK government spokesperson said: “As we have always made clear, we stand by our commitments under the Belfast Agreement and the outcome of the EU referendum doesn’t change this.”
The case has been closely watched by the Theresa May led government, especially as similar hearings in the High Court in London are due for judgement in the near future.
In London, an investment manager and hairdresser are taking legal action opposing the right of the government to trigger Article 50 without a vote in Parliament.
