A thousand barristers in England, Scotland, Wales and Northern Ireland write to British PM: referendum does not set the basis for UK to be pulled out of the EU
More than 1,000 barristers have signed a letter to the British prime minister, informing him that the referendum result is advisory and does not set the basis for the United Kingdom to leave the European Union. They argue that there must be a free vote in parliament before Article 50 of the EU’s Lisbon Treaty can be triggered.
The letter to the Prime Minister has been coordinated by prominent barristers in England, Wales, Scotland and Northern Ireland, including more than 100 QCs (Queen’s Counsel). Professor Sir Geoffrey Nice, a former war crimes prosecutor, is among them.
Their letter says:
The referendum did not set a threshold necessary to leave the EU, commonly adopted in polls of national importance, eg, 60% of those voting or 40% of the electorate. This is presumably because the result was only advisory.
The outcome of the exit process will affect a generation of people who were not old enough to vote in the referendum. The positions of Scotland, Northern Ireland and Gibraltar require special consideration, since their populations did not vote to leave the EU.
The parliamentary vote should take place with a greater understanding as to the economic consequences of Brexit, as businesses and investors in the UK start to react to the outcome of the referendum.
For all of these reasons, it is proposed that the government establishes, as a matter of urgency, a royal commission or an equivalent independent body to receive evidence and report, within a short, fixed timescale, on the benefits, costs and risks of triggering article 50 to the UK as a whole, and to all of its constituent populations. The parliamentary vote should not take place until the commission has reported.
Aidan O’Neill QC, an expert in constitutional and EU law and one of the signatories, told The Guardian:
“The Brexit referendum has made clear that the UK is not a united nation state, but a divided state of nations. It has given no mandate or guidance as to what our nations’ future relationship might be with Europe, and with each other. If the UK is to survive the result of this vote, a consensus needs to be built up about the way forward. Fully informed discussions and deliberations within and between our parliaments is the only proper constitutional way to achieve this. Precipitate or unilateral action by the UK government to trigger article 50 will simply further divide us.”
Philip Kolvin QC, who coordinated the letter, told the same newspaper:
“Parliament is sovereign and the guardian of our democracy. MPs are elected to exercise their best judgment on the basis of objective evidence, to safeguard the interests of the country and their constituents for this and future generations. At this time of profound constitutional, political and possibly social and economic crisis, we look to them to fulfil the responsibility placed upon them.”
