Downing Street insists judges’ decision will not slow process of leaving EU, but backbench Tories say it makes early election more likely

Theresa May’s plan to trigger Brexit by the end of March will not be derailed by a high court ruling that parliament must vote on the decision, No 10 has insisted.

May’s official spokeswoman confirmed the government would appeal against the decision in the supreme court, while claiming there would be no delay to the process of leaving the EU.

However, the ruling that parliament has to approve the triggering of article 50 has already sparked excitement among many formerly pro-remain MPs, who see the opportunity to put the brakes on any move towards a “hard Brexit”.

It also gave further hope to the Scottish government of getting a greater say in the move towards leaving the EU.

The first minister of Scotland, Nicola Sturgeon, said her administration would “actively consider” whether to formally join the next legal battle challenging the UK government’s position that it has the right to trigger article 50 based on the referendum result alone.

The ruling prompted anger among many of those who campaigned to leave, with at least two Conservative backbenchers saying it increased the chances of May calling an early election.

No 10 attempted to play down the significance of the ruling, insisting that the plan for Brexit was on track.



“The prime minister is clear and determined that this government will deliver on the decision of the British people and take us out of the EU. We are determined to continue with our plan, preparing for negotiations, and sticking to the timetable we set out,” it said.

“We have no intention of letting this decision derail our timetable for triggering article 50.”



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Government lawyers had argued that prerogative powers were a legitimate way to give effect “to the will of the people” who voted by a clear majority to leave the European Union in the June referendum.



But the lord chief justice declared: “The government does not have power under the crown’s prerogative to give notice pursuant to article 50 for the UK to withdraw from the European Union.”

May’s spokeswoman said the prime minister was working from Downing Street as usual and would not be making any public statement on Thursday about the government’s defeat in court.

May will send a cabinet minister to the House of Commons on Monday to make a statement about the ruling, but she will not be in attendance herself because she is proceeding with a trade trip to India.

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The ruling will give hope to many MPs who have been campaigning for greater parliamentary scrutiny over Brexit and for May to reveal the broad principles of her negotiating strategy.

Nicky Morgan, the former education secretary, said she believed colleagues on all sides of the Commons would vote in favour of triggering article 50 but said “democracy has been asserted”.

“I am also very confident in colleagues in parliament, we are very aware of how people voted, 17 million of them, to leave the EU, and I expect parliament will approve triggering of the article 50 process,” she said. “It’s a question of law.”

The Labour leader, Jeremy Corbyn, said: “This ruling underlines the need for the government to bring its negotiating terms to parliament without delay. Labour respects the decision of the British people to leave the European Union. But there must be transparency and accountability to parliament on the terms of Brexit.”

Owen Smith, the former Labour leadership challenger, went even further by indicating he would use the opportunity for a parliamentary vote on Brexit to push for another referendum on the terms of any deal.

“Labour should amend the article 50 bill to give the British people the final say on the real terms of Brexit. Or I will seek that from backbenches,” he said. “Government must now spell out a vision of post-Brexit Britain before article 50 is triggered by MPs. Brexit means Brexit is not good enough.”

The ruling was met with dismay by pro-Brexit MPs, with Ukip’s Douglas Carswell suggesting there needed to be reform of judicial appointments.

Ukip’s leader, Nigel Farage, also said he was angered at the decision. “I worry that a betrayal may be near at hand,” he said. “I now fear that every attempt will be made to block or delay the triggering of article 50. If this is so, they have no idea of the level of public anger they will provoke.”

Dominic Raab, the former minister and Tory MP, said any attempt to stall the triggering of Brexit could increase the chances of an early general election.

“If we get to the stage where effectively [some MPs] are not willing to allow this negotiation to even begin, I think there must be an increased chance that we must go to the country again. I think that would be a mistake and I don’t think those trying to break the verdict of the referendum would be rewarded,” he said.

Nadine Dorries, a Conservative backbencher, said people should expect May to “negotiate terms, call a general election, make article 50 a manifesto promise, return with a massive majority and vote”.