Belfast: Judge to rule on first court challenge to Brexit

This group wants to establish that devolved decision-makers at the Stormont Assembly can veto Brexit.

Belfast: Judge to rule on first court challenge to Brexit

A judge is to rule on the UK's first court challenge to Brexit later.

A case at Belfast High Court opposing British Prime Minister Theresa May's ability to trigger Brexit negotiations by next March was taken by a cross-community group of politicians and human rights campaigners.

They want to establish that devolved decision-makers at the Stormont Assembly can veto Brexit, assert rights to consultation over whether to launch talks with Europe and protect peace process guarantees enshrined in the 1998 Good Friday Agreement which largely ended republican and loyalist violence.

Raymond McCord, whose son Raymond McCord Jr was murdered by the loyalist Ulster Volunteer Force (UVF) in north Belfast in 1997, is a party to the case who has concerns that European peace money which goes towards victims of the Troubles may be discontinued following an exit.

During several days of hearings recently a lawyer for Mr McCord argued that Northern Ireland could block withdrawal from the EU.

The barrister said the country enjoyed control over its own constitutional change including all-island relations following the 1998 Agreement.

Northern Ireland shares the UK's only land border with an EU state and the Irish and British governments have said they are keen to ensure there is no return to the hard borders of the past.

If the UK leaves the EU, the EU could demand a secure frontier in Ireland to prevent goods flowing in and out of the EU from Northern Ireland without paying required tariffs or facing checks on rules of origin.

Stormont's senior legal adviser attorney general John Larkin told the court nothing in the Belfast Agreement which largely ended violence in 1998 had been affected by Brexit.

He said there were no substantive obligations in the Agreement which required continued membership of the EU.

A barrister for the UK Government said no court could block the will of the people as expressed in the June referendum.

Some 56% of Northern Irish voters backed Remain but some unionist-dominated areas supported Leave. The largest party in Northern Ireland, the Democratic Unionists, campaigned for an exit.

Former Stormont justice minister David Ford, senior Sinn Féin Assembly member John O'Dowd and SDLP leader Colum Eastwood are among those supporting the challenge.

In London, an investment manager and hairdresser are taking legal action opposing the right of the British Government to start the process of withdrawing the UK from the EU without a vote in Parliament.

more courts articles

DUP calls for measures to prevent Northern Ireland from becoming 'magnet' for asylum seekers DUP calls for measures to prevent Northern Ireland from becoming 'magnet' for asylum seekers
UK's Illegal Migration Act should be disapplied in Northern Ireland, judge rules UK's Illegal Migration Act should be disapplied in Northern Ireland, judge rules
Former prisoner given indefinite hospital order for killing Irishman in London Former prisoner given indefinite hospital order for killing Irishman in London

More in this section

Dublin and Monaghan Bombing 50th anniversary Higgins lays wreath to mark 50th anniversary of bombing of Dublin and Monaghan
British Passport.  Travel document for Untied Kingdom and Northern Ireland New route for Irish nationals to get British citizenship close to becoming law
M50 Standstill Motorcyclist, 40s, dies after M50 collision involving lorry 
War_map
Cookie Policy Privacy Policy Brand Safety FAQ Help Contact Us Terms and Conditions

© Examiner Echo Group Limited