Article 50 can’t be invoked, surely, without the country knowing whether its revocable or not

December 14th, 2016

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The Laura Kuenssberg Tweet reporting that Brexit Sec, David Davis, saying that the government doesn’t know if Article 50 process can be stopped once it starts highlights an issue that’s been around for some time and featured a lot in the Supreme Court case – whether once the move has been made its ‘revocable’ or not.

This is such a massive step that the country needs to know one way or the other before pulling the trigger. It strikes me that if it is not revocable then it very much weakens the government’s negotiating position with Brussels and it would be politically foolhardy for Mrs May to institute such a move without knowing.

The problem, of course, is that to get clarity the matter would have to be referred to the European Court of Justice which could delay things considerably and would certainly make it much harder for TMay to achieve her deadline of March 31st 2017.

Trying to clarify this question is a key part of the crowd-funded court case that is being brought in Dublin by the London QC, Jolyon Maugham.

Mike Smithson