It is probable that Theresa May’s notification of Article 50 can be withdrawn, according to two of Britain’s most senior former judges.
In a House of Lords EU Select Committee hearing today, Sir Konrad Schiemann, formerly the UK’s judge at the European Court of Justice, said: “The probability is that it can be withdrawn…the others would wipe their brow in relief.” Lord Neuberger, former President of the Supreme Court, agreed.
It comes after Lord Kerr, the former British Permanent Representative to the EU who was the architect of Article 50, said in a keynote speech that Article 50 can be withdrawn if the UK Government wanted to.
Commenting, Ian Murray MP, leading supporter of Open Britain, said:
“When not being forced to correct the record in the House of Lords, Ministers like to pretend that Article 50 cannot be revoked. But when senior judges disagree with them, it is easy to judge who is right.
“As legal experts, European leaders and the architect of Article 50 himself have all said, the Government can withdraw notice of its intention to withdraw from the EU if it wants to. Brexit does not need to be a one-way ticket.
“As new facts come to light about Brexit – and as working people continue to feel the squeeze – the British people have a right to think again about leaving the European Union. There is absolutely nothing in EU law that would prevent the UK from withdrawing the Article 50 letter.”
Notes to editors:
Sir Konrad Schiemann’s and Lord Neuberger’s comments can be viewed here: http://parliamentlive.tv/Event/Index/f805e3e9-ffe9-475c-b3fb-f880fafc8212
Sir Konrad Schiemann, British judge at the European Court of Justice from 2004 to 2012, said: “The probability is it can be withdrawn… the others would wipe their brow in relief.”
Lord Neuberger, President of the UK Supreme Court from 2012 to 2017, said: “I echo what Sir Konrad has said. The predominant view among people I regard as experts is that it can be withdrawn.”
Lord Kerr’s full speech is here: http://www.open-britain.co.uk/full_text_of_lord_kerr_s_speech_article_50_the_facts
Brexit Minister Lord Callanan yesterday had to correct the record in the House of Lords, after he wrongly stated that the Supreme Court had ruled that Article 50 cannot be withdrawn: http://www.independent.co.uk/news/uk/politics/brexit-minister-lord-callanan-apology-article-50-irreversible-supreme-court-ruling-david-davis-uk-a8065591.html