Government lawyers have dropped a big hint that Prime Minister Theresa May has no intention of triggering Britain’s uncoupling from the European Union until next year.
To start the official process following the Brexit vote to leave, she has to formally tell the EU that Britain intends to invoke Article 50 of the Treaty of Lisbon.
The clause lays out the two-year timeline for a member to leave the EU.
If Article 50 is not triggered before January 2017, Britain will remain in the EU until the end of December 2019. The exact dates depend on when the treaty is actioned.
These dates would also apply to any changes in the rights for British expats to live and work in the EU.
Legal challenge against Brexit
The revelation was made in London’s High Court by lawyers acting for the government in a legal challenge alleging Parliament and not the Prime Minister has the constitutional right to lead Britain out of the EU.
At least seven private cases claiming the referendum was only advisory and that MPs have to make the final decision are before the courts.
The government considers the High Court will be unable to determine the case and that claimants will take their arguments to appeal and even to the nation’s top court, the Supreme Court, before a final judgment is handed down.
This is unlikely to happen before October and could even delay starting the leave process under Article 50 until later in 2017.
Moral dilemma for MPs
For the government, Jason Coppel QC told the High Court that although May agreed Brexit talks should start with some urgency, she has no intention of going to the negotiating table with other European leaders until she had clear objectives for the discussions.
He also warned that this position could change at short notice.
Article 50 clearly states that Britain must invoke the treaty to start the leave process and that the EU has no power to influence how and when this should take place.
The challengers argue that MPs must vote to leave the EU and that most argued in favour of remaining a member.
This would leave many in a moral dilemma of voting with their constituencies or with their hearts.
