Gina Miller, a co-founder of London fund manager SCM Private, is the main claimant in a growing queue of litigants hoping to force Prime Minister Theresa May to let parliament decide when, how and whether to leave the EU, rather than taking such decisions by Royal Prerogative following last month’s referendum.
“I believe that people have been fooled,” Miller, 51, told Reuters in her office in London’s exclusive Knightsbridge area. “They have not realised that the referendum was not legally binding and secondly there is no Brexit plan.
“That’s what my action is about, we need to have a better-informed debate on what this momentous decision means.”
The Author says:
When Parliament debated and voted to put the question of UK membership of the EU to a referendum they devolved their sovereignty on this issue to the people of Britain. Since the majority of the British people voted to leave, all members of Parliament, and particularly the government are obligated to comply with the wishes of the people.
There is some who say that it will require an act or acts of Parliament for Brexit to be implemented and that may well be that case as the 1972 European Communities Act will, at least, have to be repealed. Any acts of parliament required can, however, be accomplished without the need for a parliamentary vote. The Government can bring in the changes required using the powers of the Royal Prerogative, these powers can be generally exercised on the advice of the Prime Minister or the Cabinet.
Other public figures are also attempting to undermine the will of the British People.
Theresa May had to order Europhile civil servants to embrace Brexit after a former top mandarin sparked fury by saying leaving the EU was not inevitable.
Gus O’Donnell, the former Cabinet Secretary, said that despite the clear referendum result the country could end up remaining in a ‘broader, more loosely aligned’ European Union.
Earlier this month, a Tory peer suggested the Lords could withhold support for invoking Article 50, despite 52 per cent of Britons backing Leave in the June 24 referendum.
Baroness Wheatcroft, who backed Remain, suggested there were dozens of peers who want to stop, delay or ‘revisit’ the result.
Scottish First Minister Nicola Sturgeon has also vowed to block Brexit alongside Liberal Democrat leader Tim Farron.
Labour leadership candidate Owen Smith has pledged to call a second referendum on the issue.
Professor Thom Brooks warned Article 50 – the formal process of leaving the European Union – is unlikely to ever be invoked.
Professor Brooks, who advised the Electoral Commission on the wording of the referendum question, told MailOnline: ‘I do not think Article 50 will be invoked.
‘The closer the government looks at what is actually involved in leaving then the less likely they are going to be jumping ship.
‘There is a 42 year evolving legal relationship that is not so easy to unpick. It is an absolutely massive task.’
The immigration expert, whose research has been quoted in the House of Lords, predicted Brexit ministers would row back on their commitment to Leave and call for a second referendum.
Philip Hammond has been accused of muscling in on Brexit negotiations by demanding the UK retains access to the single market after we leave the EU.
Last night one prominent Tory Eurosceptic demanded Mr. Hammond resigns if he is seeking to water down Brexit.
Three anti-Brexit former ministers have admitted the Remain camp got it wrong on immigration by ducking the issue of immigration during the EU referendum campaign.Tory Anna Soubry, Labour’s Pat McFadden and LibDem Norman Lamb said that free movement of people cannot continue as it has done. The three, who were senior figures in the fight to stay in the EU, also warned Theresa May against the ‘false choice’ of losing access to the European single market.
A majority of voters in the constituencies of all three MPs voted to leave the EU despite their vociferous campaigning in favour.
They have set up a group called Open Britain which takes over from Britain Stronger In Europe, the official Remain campaign defeated on June 23.