Get all your news in one place.
100’s of premium titles.
One app.
Start reading
The Guardian - UK
The Guardian - UK
Politics
Matthew Weaver and Nadia Khomami

Tory MP resigns over government approach to Brexit – as it happened

Stephen Phillips has resigned as a Tory over “significant policy differences” over the government’s handling of Brexit.
Stephen Phillips has resigned as a Tory MP over “significant policy differences” with the government over Brexit. Photograph: Sleaford and North Hykeham - Conservative Party

Summary

Here’s a summary of the latest developments:

Germany has urged Britain to set out its negotiation position over Brexit as soon as possible. Speaking alongside his counterpart Boris Johnson, Germany’s foreign minister Frank-Walter Steinmeier, said: “Brexit is the clear and unmistakable position of your government. We regret that but of course we respect this decision.”

He added: “we should create the conditions as soon as possible for the negotiations to begin,” even if Britain’s Parliament does need a say.

“A stalemate won’t do either side any good,” he added.

The Welsh government decision to take part in the supreme court hearing on a parliamentary vote on article 50 has sharply increased the prospects that Nicola Sturgeon’s Scottish government could also join the legal action, writes Severin Carrell.

Sturgeon, Scotland’s first minister, has been poised to seek formal representation in the action if Holyrood’s ability to give legislative consent to the final Brexit deal becomes part of the legal arguments in next month’s hearing.

She told the Scottish parliament yesterday she would actively consider joining the case: “The job of this government is to protect Scotland’s interests; Scotland voted to remain in the EU and my job is therefore to protect our place in Europe and the single market as far as I possibly can.”

This is a contentious area: Theresa May’s UK government argues that leaving the EU is wholly reserved to Westminster as it deals with foreign affairs and treaties. Scottish and now Welsh ministers argue that their devolved powers are directly affected by leaving the EU.

Sturgeon has stopped short of stating Holyrood will try to block Brexit by withholding legislative consent but insists that Scotland’s specific interests are intimately wrapped up in the Brexit deal. Her officials admit that legislative consent is a convention, not a legal right.

Scottish government lawyers have already been sitting in on the high court hearings as observers in case that became an issue. Scottish sources said the statement on Friday by Mick Antoniw, the counsel general for Wales, now made a live prospect.

Antoniw said the article 50 hearing “raise[s] issues of profound importance not only in relation to the concept of Parliamentary Sovereignty but also in relation to the wider constitutional arrangements of the United Kingdom and the legal framework for devolution.”

A friend of Phillips said he has resigned because the Conservatives have become “Ukip lite”, writes Rajeev Syal.

“It’s about values. The values of this government are not his values. “They’ve lurched to the right and become UKIP lite. He is not,” the friend said.

“Their failure to honour their promises on child refugees; the decimation of international aid to the poorest and most vulnerable in the world” are two of the key issues, the friend said.

“Brexit is part of it, because they think they can do what the hell they like without asking parliament. But it’s only a small part of it. It’s the fact that he is not a Conservative in this mould,” the friend added.

Updated

Here’s video of EU commission spokeswoman Mina Andreeva failing to suppress a smile as she described the “fairly short conversation” between Theresa May and Jean-Claude Juncker over the timing for triggering article 50 in the wake of yesterday’s ruling.

The Bar Council has added to the growing chorus of those condemning the hostile media coverage of the judges involved in Thursday’s ruling.

Chantal-Aimée Doerries chairman of the Bar Council said: “If we do not respect the independent judiciary we put at risk our democracy. All the parties in the case accepted that it was right that the judges should determine this issue.”

Speaking to BBC News she said: “What concerns me about the headlines is the attack on judges and the attack effectively on their role, in other words not recognising that they are independent in upholding the rule of law, not simply expressing their own views.”

A selection of the front pages of British newspapers taken on November 4, 2016 following the High Court ruling yesterday that the Conservative government do not have the power on their own to trigger Article 50 of the Lisbon Treaty.
A selection of the front pages of British newspapers taken on November 4, 2016 following the High Court ruling yesterday that the Conservative government do not have the power on their own to trigger Article 50 of the Lisbon Treaty. Photograph: Benjamin Fathers/AFP/Getty Images

Evans wants to contest Sleaford byelection for Ukip

Suzanne Evans
Suzanne Evans Photograph: Ray Tang/REX/Shutterstock

Ukip leadership candidate Suzanne Evans has announced that she is seeking the party’s nomination for the Sleaford byelection.

She told BBC Radio 4’s World At One: “I would like to throw my hat into the ring.”

Evans is one of three remaining contenders to replace Nigel Farage as leader of Ukip.

Steven Morris has more on the response of the Welsh government to the high court ruling and subsequent challenge (see earlier).

The first reaction of the Welsh first minister, Carwyn Jones, to the Brexit high court judgement was to urge the UK government not to challenge the ruling.

It was not that he thought the ruling could scupper Brexit – which he opposed. Jones said there was no doubt in his mind that the UK would leave the EU.

But he argued that debating the terms of Brexit in parliament would help the people of the whole of the UK to understand the strategy of Theresa May’s government. He also repeated – for the umpteenth time since the referendum – that votes should take place in Wales, Scotland and Northern Ireland to endorse the UK government’s position.

But it was inevitable that there would be a supreme court hearing. Having considered overnight, the counsel general for Wales, Mick Antoniw, the government’s law officer, has said he wishes to attend that hearing – and address the judges.

Antoniw, an assembly member for Pontypridd, is concerned at how the UK government had hoped to use prerogative powers to trigger article 50 without consulting MPs and peers – and believes this could have “profound” implications for the relationship between Westminster and the devolved assemblies.

A fear is that future use of those powers may undermine the status of the Welsh assembly and the fundamental legal and constitutional relationships of the Welsh government to the UK government.

There has been some concern that Wales will find it hard to get its voice heard during the build-up to Brexit. Antoniw’s appearance at the supreme court, if it is allowed, will help build Wales’ profile.

The foreign secretary, Boris Johnson, has urged Europe to ignore “sturm und drang” (storm and stress) in parliament over the high court ruling.

Asked about Phillips’ resignation during at a press conference in Berlin with his German counterpart, Frank-Walter Steinmeier, Johnson said:

He should really not read too much into the legal decision that you have just seen or indeed the sturm und drang, if that’s the word I want, that is going on in parliament at the moment.

The direction is very clear the will of the British people was expressed very clearly and it is the decision of Theresa May and her government to get on and make that process work.

And that is what is going to happen. It is very important for our European friends and partners ... to get on with delivering a solution that works for both our great economies.

Johnson also insisted that the ruling would not interfere with the timetable for triggering article 50.

Updated

Owen Bowcott has more on the political reaction to the press hostility over the high court ruling.

Brendan Cox, the husband of the murdered Labour MP Jo Cox, has added his voice to those condemning press hostility to the high court’s ruling.

In a tweet he pointed out that “inciting hatred has consequences”.

Summary

Here’s a summary of what’s happened so far today:

Gina Miller
Gina Miller Photograph: Johnny Armstead/REX/Shutterstock

Lawyers for Gina Miller, one of those who successfully challenged the government on parliament’s right to trigger article 50, are not commenting on whether she plans to make a complaint to the police about death threats in the wake of Thursday’s ruling.

A spokesman for Mischon de Raya said: “We are not commenting on whether any complaints have been made to the police. But I can confirm that both Mischon and Gina have received some abuse.”

There have been online calls for Miller to be publicly hanged and for a price to be put on her head.

The Metropolitan Police said it could not comment until a complaint had been made.

Updated

Since you’re here, we have a small favour to ask. More people are reading the Guardian than ever – but far fewer are paying for it, and advertising revenues are falling fast. So you can see why we need to ask for your help. The Guardian’s journalism takes a lot of time, money and hard work to produce. But we do it because we believe that independent reporting and plurality of voices matter. If everyone who reads our reporting helps to pay for it, our future would be much more secure. Get closer to our journalism and be part of our story by becoming a Supporter. Or, alternatively, make a one-time contribution. - Guardian HQ.

Updated

There’s been a sharp spike in traffic to an article Stephen Phillips wrote for the Guardian last month.

It explains why he has “irreconcilable policy differences with the current government”.

The campaign to give parliament the right to determine our future relationship with the EU is not about reversing the referendum result. Nor is it about subverting the will of the British people, or having a second bite of the cherry. It’s about the sovereignty that I and others cherish, a sovereignty that resides principally in the House of Commons and in its ability, when given the opportunity, to inform and direct the government of the day.

Not giving parliament the chance, before article 50 is invoked, to say where it thinks these negotiations should end up is, at its core, undemocratic, unconstitutional and likely to exacerbate the divisions in our society to which the referendum gave rise. It also ignores the views of nearly half the people who voted in the referendum, who were perfectly content with our place in the EU.

Ignoring them, even though they were (just) in the minority, is not merely divisive but plain wrong.

No hint yet from Downing Street on any early general election ...

A No 10 source said Stehpen Phillips did not speak to May before resigning and that the PM’s position that there should not be a general election before 2020 remained unchanged.

PA has more on May’s Brexit diplomacy and the government determination to appeal against the article 50 ruling.

As well as her talks with Juncker, the prime minister also called German chancellor Angela Merkel and is expected to speak to other European leaders later in an effort to reassure them that her Brexit plans remain on track.

Downing Street said it did not accept the High Court judgment and was “confident” of victory in the Supreme Court.

A Number 10 spokesman said May explained to Juncker and the German leader that “while the government is disappointed by the judgment yesterday, we remain of the firm belief that we have strong legal arguments ahead of the case which will be moving to the Supreme Court next month”.


“The prime minister also confirmed that the planned timetable for notification of article 50 remains the same,” the spokesman added.
Downing Street refused to say whether legislation was already being drawn up for triggering article 50 in case the Supreme Court upheld the ruling, stressing that it was focused on winning the case.

Asked if May agreed with Cabinet minister Sajid Javid that the judgment was “unacceptable”, the spokesman said: “The very fact that we are appealing that decision means very clearly that we don’t accept that decision.”

Labour is calling on justice secretary Liz Truss to condemn “hysterical” attacks on the judiciary in the press.

Labour shadow justice minister Richard Burgon said headlines in some of today’s papers were unacceptable and urged Truss to uphold the independence of the judiciary.

Labour chairman of the Justice Select Committee Bob Neill tweeted that personal attacks on judges threatened the independence of the judiciary.

The Conservative Party has expressed its sorrow over the resignation of Stephen Phillips.

May tells Merkel of disappointment over ruling

Theresa May has also called German Chancellor Angela Merkel to express her disappointment over the high court’s decision, lobby correspondents have been told.

Political analyst Mike Smithson does the maths on May’s dwindling parliamentary majority as speculation mounts about an early general election.

Phillips secured a majority of more than 24,000 over Labour in the Sleaford and North Hykeham seat at the last election. It was also one of the most pro-Brexit constituencies in the country.

May makes 'short call' to Juncker on article 50 timing

Meanwhile, Theresa May has made that call to Juncker about the timing of triggering article 50 still being on track.

It was a short call, according to the commission.

Updated

Phillips said he was resigning because of “irreconcilable policy differences with the current government”.

Stephen Phillips MP triggers byelection

Phillips has now resigned from his Sleaford and North Hykeham seat with “immediate effect”.

'Tory MP to resign'

Stephen Phillips
Stephen Phillips Photograph: Stephen Phillips

There is widespread speculation that Tory MP Stephen Phillips is about to resign over the government’s reaction to the high court ruling.

Updated

The Welsh government has announced it is to back the complainants against the UK government during next month’s supreme court appeal against Thursday’s high court ruling.

In a statement Mick Antoniw, Counsel General for Wales

Having considered the judgments in both matters, I consider that they raise issues of profound importance not only in relation to the concept of Parliamentary Sovereignty but also in relation to the wider constitutional arrangements of the United Kingdom and the legal framework for devolution.

They raise questions about the use of the prerogative power to take steps which will or may impact on:

Therefore, in accordance with my power under section 67 of the Government of Wales Act 2006, I intend to make an application to be granted permission to intervene in the proposed appeal before the Supreme Court. My intention is to make representations about the specific implications of the government’s proposed decision for Wales.

The Scottish government is considering a similar move.

The legal ruling may complicate the UK leaving the EU, but the referendum result was clear. And woe betide the MP or peer who stands in the way of it, warns Simon Jenkins.

There’s even been a call for military coup to enforce Brexit.

Hard Brexiteer Jon Redwood MP has suggested the wording for an article 50 motion (rather than a bill).

In a blog post he writes:

I hope the government will now table a motion saying

“This House approves the sending of an Article 50 letter in accordance with the wishes of the people as expressed in the referendum, any judgement of the courts notwithstanding”

The government should then send the letter.

I would expect the motion to pass easily, as I cannot believe Labour will impose a 3 line whip to expressly go against the results of the referendum. If they did the government should still win the vote, given Labour rebels, some Northern Ireland MPs and most Conservatives voting for.

A number of Labour MPs have insisted they won’t block the referendum results but that they want the article 50 bill to include amendments setting out more details about what Brexit will entail.

Shadow Brexit minister Matthew Pennycook tweeted that the vote should be about the terms of Brexit not whether the UK leaves the EU.

Other Labour MPs have put out similar statements.

A narrow majority now want the UK to remain in the EU, according to a new poll by BMG.

It found that 45% now back remain compared to 43% for leave, with 12% saying they don’t know.

BNG tracker poll
BNG tracker poll Photograph: BNG

There is widespread alarm at how the press has covered the high court ruling.

LibDem leader Tim Farron commented:

“The hyperbolic front pages from some of the more right wing newspapers today are as depressing as they are irresponsible. Personalised attack on our independent judiciary is a dangerous path to go down, unjustifiable and cultivates a nasty, divisive discourse around this debate.

“There can be no defence to plastering photographs of judges across the front pages of news stands like some depressive modern day version of a wild west poster.

“People need to take a step back, think more carefully about the language they are using and let our judges do their job. There is an irony that the same newspapers that argued we would ‘take back control’ are now complaining that the British people will have their views represented through the British parliament.”

The SNP’s Richard Lochhead an MSP for Moray noted that even the rule of law is being attacked by the press.

The treatment of Gina Miller, one of those who brought the case, is also causing concern.

Shadow home secretary Diane Abbott notes that Miller has been subjected to death threats online.

Peter Whittle pulls out of Ukip leadership race

Peter Whittle
Peter Whittle Photograph: Matthew Horwood/Getty Images

Another Ukip leadership contender has pulled out of the race. London Assembly member Peter Whittle announced his withdraw and backing for the favourite Paul Nuttall, the party’s former deputy leader.

In a Facebook post, Whittle wrote:

To meet the new challenges which the future holds, UKIP needs a leader who knows the party inside out and who can command the loyalty of members across the board.

So after a great deal of thought, I have decided to withdraw from the leadership contest and recommend wholeheartedly that members vote for Paul Nuttall.

I would like to thank those members and supporters who planned to support me, but I have become convinced that the sheer breadth of Paul’s political experience, his dedication to the values of the party and the obvious affection in which he is held by members make him the person who is best placed to take us forward.

Ukip’s leadership contest is now down to a choice of three: Nuttall, Suzanne Evans, and John Rees-Evans.

Or as BuzzFeed’s Jim Waterson put it: “It’s Nutall v Suzanne Evans v gay donkey man”.

Updated

Reactions to the ruling and its coverage are still coming in from MPs on social media.

The former deputy prime minister Nick Clegg has said the Liberal Democrats will press for amendments to the article 50 bill to ensure that ministers pursue a soft Brexit and guarantee that the public have a say on the final deal.

He told Today that as the government had failed to spell out what Brexit means, “parliament now needs to help the government fill in the gaps”.

A bill will be presented to parliament which can of course, like all legislation, be amended. We will seek, with other parties, in both the House of Commons and the House of Lords to amend the legislation, such that parliament would say to government that it should pursue a soft Brexit, not a hard Brexit and that there should be some means by which the British people can have a say on the final deal when the negotiations with the European Union are finally completed.

Peers in the House of Lords will pursue exactly the same approach.

Theresa Villiers, the former Northern Ireland secretary and a prominent leave supporter, said the government should resist such amendments:

Parliament cannot expect the government to set out its negotiating hand because that would not be in the national interest, nor should it constrain the flexibility of the government to negotiate on our behalf to get the best deal.

Douglas Carswell, Ukip’s only MP, has insisted that Brexit is going to happen – even if it takes another general election. In a blogpost this morning he writes:

I receive a lot of angry emails from my constituents about these naked attempts to reverse the referendum result. The more obstructionism we see, the harder it is to reassure them that their votes won’t be subverted. If the prime minister has to call an election on article 50, so be it. Given that she has an 18 point lead in the polls, I doubt she’s quaking at the prospect. But obstructionist remainers should think very carefully about what that election will be like.

Updated

So the main story today is that the prime minister is due to telephone Jean-Claude Juncker, the president of the European commission, to say she still plans to trigger article 50 by the end of March. But senior Tories have welcomed the high court ruling as a boost to parliamentary sovereignty and signalled that it may delay the process.

The Conservative peer Lady Patience Wheatcroft told BBC Radio 4’s Today programme it would be impossible to trigger article 50 by the end of March:

I think it is only right to delay triggering article 50 until we have a clearer idea of what it actually entails. And I think there will be others in the Lords who feel the same way. How many I think it is hard to say, but I think there could be a majority who would be in favour of delaying article 50 until we know a little more about what lies ahead.

The communities secretary, Sajid Javid, said the ruling was “unacceptable”. Speaking on BBC Question Time, he said the decision was “an attempt to frustrate the will of the British people”. But Jesse Norman, a junior minister in the Department of Industry, appeared to welcome the ruling by tweeting that it was “a reminder that we live in a parliamentary and not a popular democracy”.

Updated

Here are a few Guardian articles on yesterday’s ruling which are worth reading for further information and analysis.

First, we have an interview with Gina Miller, the businesswoman at the centre of the legal challenge against the government. Miller says the landmark case was motivated by her fear that the UK faced a “treacherous future”, and admits she knew the ruling would leave her unpopular with many voters. She has been exposed to vitriol and even death threats because of her challenge.

Victorious Gina Miller reacts to article 50 ruling: ‘this case was about process, not politics’ – video

The Guardian’s political editor Heather Stewart warns remainers not to let the high court decision raise their hopes. She says Brexit itself was not on trial – but Theresa May’s bullish approach to it, and ultimately her political judgment.

Martin Kettle writes that after this ruling, MPs must seize their moment. In many respects it is to parliament’s discredit that it has done so little to force the issue and protect its rights, he says.

And check out our report on Nicola Sturgeon saying the Scottish government will “actively consider” whether it will formally join in the next legal battle.

Updated

Last night, a portion of the British media, unhappy with the high court’s decision, ran front pages attacking the judges behind the ruling. The Daily Mail called them “enemies of the people”. The Express said the country “faces a crisis as grave as anything since the dark days when Churchill vowed we would fight them on the beaches”. The Sun, meanwhile, took a swipe at the “loaded foreign elite” who have defied the will of the British people. Slightly over the top? As they say in court, the jury’s out …

For a period, the Mail online also ran this headline:

The Telegraph opted for a double whammy of evil blue filter and accompanying opinion piece by the Brexit king of Britain:

The campaign to Stop Funding Hate is now calling out advertisers featured in this specific edition of the Daily Mail.

The Criminal Bar Association said the papers’ reaction was an attack on the rule of law.

And to add fuel to fire, those pesky experts are at it again …

Updated

Morning summary

Good morning and welcome to our daily politics live blog. Andy Sparrow is off today, so my colleagues and I will be keeping you up to date with all the latest developments in the government’s fight to trigger article 50 by the end of March.

Yesterday, Theresa May suffered a massive setback in what was the most important development in the Brexit story since her election as prime minister, after a high court ruled that parliament should legislate on invoking article 50. That means there needs to be a proper bill, passed through the Commons and the Lords, with MPs given a chance to amend it. Up until now, May has refused to give parliament a vote on the terms of Brexit in order to retain as much control as possible.

To jog your memory of A-level politics, power in a democratic state such as Britain is conventionally shared by three bodies: the executive, which rules and proposes laws; the legislature, which passes laws; and the judiciary, which determines whether laws are being obeyed. Yesterday’s landmark ruling means MPs and peers have for the first time got a strong chance of shaping the start of the Brexit process.

Some key things that you need to know:

  1. The government plans to appeal against the ruling, but informed commentators believe it is likely to lose again.
  2. The chances of Brexit being overturned are still minimal, as most MPs and peers who voted to remain accept that the result of the referendum should be honoured.
  3. The chances of a soft Brexit have increased significantly. If there is a bill, parliament will have the chance to exercise leverage.
  4. There is a real possibility that May will not be able to trigger article 50 before the end of March, as the need to legislate could cause a delay.
  5. We are more likely to see an early general election than we were this time yesterday - a vote some commentators have dubbed “the Brexit election”.

Today, the prime minister is due to speak to the European commission president, Jean-Claude Juncker, and tell him that she is going to press ahead with her plan to trigger article 50 by the end of March.

If you’ve seen anything you think we ought to cover, I’ll be reading your comments below the line, or you can reach me on Twitter @nadiakhomami.

Updated

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
“This is a love and friendship story I have with Mexico that can’t be compared to anything. Thank you for all the excitement, all the joy you’ve made me feel”: Shakira breaks record for the largest gig in Mexico City’s Zócalo
She played free show to 400,000
MusicRadar
MusicRadar
Selena Gomez Shocked Fans After Kissing Husband Benny Blanco's Dirty Feet: 'This Is Disgusting'
Selena Gomez faces backlash after kissing husband Benny Blanco's dirty feet on his podcast, sparking online controversy.
International Business Times UK
International Business Times UK
Could Trump Die on 14 March? Alleged 'Lost The Simpsons Episode' Predicts POTUS' Date, Time of Death
Explore the viral hoax of a 'lost' Simpsons episode predicting Trump's death, and how it was debunked.
International Business Times UK
International Business Times UK
Hear Me Out: I Think The Voice Is Making Way Too Big A Deal Out Of Season 29’s Big Twist
This has been bothering me.
Cinemablend
Cinemablend
'Unrecognisable' Jim Carrey's Rare Appearance At César Awards Sparks Claims Star Has Been 'Replaced'
Jim Carrey 'replacement' rumours after his César Awards appearance show how fast wild theories spread when social media fills the gaps left by limited facts.
International Business Times UK
International Business Times UK
5 Money Conflicts Married Couples Should Avoid, According to Rachel Cruze
Rachel Cruze breaks down money conflicts married couples should avoid, and why fixing them can strengthen your marriage.
GOBankingRates
GOBankingRates
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.
Download on the AppStore Get it on Google Play