David Davis warns pro-remain MPs not to ‘thwart the will of the people’, with article 50 bill likely to be published within days

A historic ruling by the supreme court forced Theresa May to give parliament a vote on Brexit, but rebellious MPs from her own party want more of a say over plans to quit the single market and customs union.

Judges from the highest court in the land decided by eight to three that MPs must approve a decision as significant as leaving the EU, prompting Brexit secretary David Davis to say that tightly drafted legislation would be published within days.

But the court added it was not for judges to specify what form an act of parliament to trigger the article 50 exit clause would take. Delivering his judgment, Lord Neuberger, the president of the supreme court, said: “A notice under article 50(2) could no doubt be very short indeed, but that would not undermine its momentous significance.” The supreme court also ruled that there was no need for the government to wait for consent from the devolved assemblies in Scotland, Northern Ireland and Wales.

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Gina Miller, who first brought the case against the government, insisted that her challenge was not about trying to stop Britain’s EU exit. “There is no doubt that Brexit is the most divisive issue of a generation. But this case was about the legal process, not politics. Today’s decision has created legal certainty, based on our democratic process and provides the legal foundation for the government to trigger article 50,” she said.



A few hours after the ruling, Davis told MPs that the legal decision from Britain’s most senior judges would not block or delay Brexit. “This House voted by six to one to put the decision in the hands of voters, and that bill passed the other place unopposed,” the Brexit secretary told the House of Commons, whose legislation could be laid down as early as Thursday.

“So there can be no going back. The point of no return was passed on 23 June last year,” he added, warning MPs and peers not to use the process to try to “thwart the will of the people”.

Davis said the government would produce “the most straightforward bill possible”, which would deal only with the narrow question of triggering article 50 by the end of March deadline.



Former cabinet minister and Brexit supporter, Iain Duncan Smith, urged him to make the bill and its passage through parliament “short ... simple ... and swift”.

Most of the MPs and peers who backed remain are unlikely to use the legislation as a means of trying to block article 50 itself.

But Davis and May will have to fight off several attempted amendments, including from MPs in their own party who want more of a say over specific decision to leave the single market and customs union.

Gavin Williamson, the Tory chief whip, held urgent meetings with potential rebels after seven Conservative MPs stood up in the Commons to urge May to publish her Brexit plan as an official white paper that could then be formally discussed in parliament.

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Tory MP Ben Howlett told the Guardian that he wanted the government to take that step so that his constituents could “have their views heard”. Nicky Morgan, the former education secretary, agreed: “What we haven’t yet debated is that relationship between single market, freedom of movement and the customs union.”

Dominic Grieve, the former attorney general, also pressed his government for action.

“I think a white paper is immensely desirable and in my view is helpful to government if it can be available as they go through the article 50 process,” he said, arguing that it would simply formalise the government strategy in a “reasoned fashion”.

Tory backbencher Anna Soubry pressed Davis on the issue, asking: “What has my honourable friend got to lose with a debate on a white paper?”

The MPs do not think that May’s Lancaster House speech is adequate as a Brexit plan, but stress that a white paper would simply trigger a formal discussion and not lead to votes that could impact on Brexit.



Davis, who had described May’s speech on Brexit last week as “the clearest exposition of a negotiating strategy I have seen in modern times”, said the prime minister’s address was sufficient explanation.

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“I’m afraid it’s very difficult to see how you can leave the European Union and still stay inside the single market, with all the commitments that go with that,” said Davis.

Sources insisted that MPs had been given lots of time to debate issues linked to Brexit, but did not rule out the possibility of a concession on this issue. One admitted the government was “keen to accommodate” the desire of MPs to have debates – and ministers will also not want to lose a vote on an amendment.

They know that the Conservative MPs speaking publicly were among 15 or 20 who might line up alongside members of the Labour party, the Liberal Democrats, and the Scottish National party over the issue.

Keir Starmer, the shadow Brexit secretary, admitted that while Labour does not want to frustrate the will of the people it will “seek to ensure the government publish a proper plan – ideally a white paper”.

The frontbencher knows his party will face difficulties through the process with MPs divided across some of the most passionately leave and remain constituencies.

About 60 Labour MPs may be prepared to defy a party order to vote in favour of triggering article 50, with frontbenchers expected to resign if a three-line whip is enforced.



Several shadow ministers whose constituencies are in areas which are strongly pro-remain have publicly said they would also vote against when a bill is introduced.

Catherine West, the shadow foreign minister who was elected MP for Hornsey and Wood Green in 2015, said her constituency voted by 81.5% in favour of remain. “The best way I can represent my constituents, and indeed protect our national interest, is to vote against invoking article 50.”

Concerns with May’s plan have also been raised by shadow cabinet members Diane Abbott and Clive Lewis.

However, it is unclear whether defying the whip would result in MPs losing frontbench positions given that Jeremy Corbyn is sympathetic to the difficulties faced within constituencies.

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Starmer will hope to please remain-supporting MPs by laying down a limited number of targeted amendments to show clear division with the Tories.

“Triggering article 50 is just the start, not the end, of the Brexit process, so is important we ensure there is proper grip and accountability throughout the negotiations,” he told the Guardian.

Labour and other parties, including the Greens, are frustrated by May’s suggestion that a vote for MPs and votes on the final agreement would be largely insignificant, because the alternative would be crashing out of the EU without a deal.

Instead, they want the prime minister to offer parliament enough time to be able to go back and renegotiate the deal if it is rejected.

The Lib Dems want the government to go further and to offer a referendum on the final deal, and will vote against article 50 if they are not backed on that point.

The SNP-led Scottish government was disappointed at the judges’ ruling that May did not need permission from the devolved administrations to trigger article 50. The first minister, Nicola Sturgeon, said the decision meant Westminster assurances that Scotland was an equal partner in the union were worthless, and again raised the prospect of a snap independence referendum. She said her government would table its own legislative consent motion in Holyrood, regardless of the supreme court ruling.



Sources said the government can label the Brexit bill as urgent legislation and speed it through the House of Commons. One option in the Lords is to reduce the time between each stage of the bill.

Tuesday’s supreme court judgment does not, however, mark an end to the legal challenges the government will face over Brexit. A case brought by two sets of claimants is expected at the high court in London in the coming days over the question of whether the UK remains inside the European Economic Area and the single market after it has left the EU.



