Single Market Justice: Our Statement on the Court’s Ruling
- February 6, 2017
- Posted by: Tyler Hanley
- Category: Uncategorized
Today, and purely on procedural grounds, our application for a judicial review was dismissed, but with the door firmly left ajar for future proceedings should the Government not resolve this issue.
The Government has spent this entire litigation denying the need to take positive steps with Parliamentary approval to leave the Single Market. It finally conceded that this was something it may now need to do yesterday, on the eve of today’s key hearing. And because the Government has still not made up its mind on the mechanism it will use to remove us from the Single Market, our claim was held to be premature. But it was not held to be wrong in law.
The merits of our legal arguments were not considered – and so they remain valid, justiciable arguments which the courts may well have to consider at a future time.
Were it not for us bringing this action the Government would not ever have addressed this issue. We were right to bring this challenge, and unless the Government gives business and the country the certainty it needs and deserves, it is highly likely we will be here again – only in circumstances where the merits of our case will be heard, as opposed to the outcome of today where the Government was able to use procedure to prevent the substantive issues being considered.
We are grateful that we live in a country where individuals can hold the Government to account and we will continue to do that until such time as the legal certainty that individuals and businesses need is given. The Government can resolve this issue and give that certainty today by confirming that Parliament will be the final arbiter of our relationship with the EEA, and that rights and freedoms which Parliament has given will only be removed after Parliament has fully considered the consequences of doing so.
It is intolerable that those who depend upon their EEA rights to trade with the EEA, or those who are married to EEA citizens, or are EEA citizens resident in the UK are being used as a negotiating pawn by a Government who can choose to act unilaterally to clarify our legal position, but will not.
Legal certainty is a basic fundamental tenant of our legal system – and we still lack that certainty over whether our EEA rights and freedoms will remain, be taken away by the stroke of a minister’s pen or after Parliamentary consideration. That is an intolerable and disproportionate interference with our fundamental rights.
The Government should now accept the valid concerns that hundreds of thousands of individuals have which business have, and provide some clarity. The Government must stop playing poker with our rights and stop taking liberties with our freedoms.
Adrian Yalland & Peter Wilding