Brexit: Northern Irish legal challenge to referendum to involve Attorney General

The case claims triggering Article 50 is illegal if done without parliamentary consent 

Siobhan Fenton
Saturday 24 September 2016 18:24 BST
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People took to the streets to protest after the Brexit vote (file photo)
People took to the streets to protest after the Brexit vote (file photo)

One of Northern Ireland’s most senior legal figures will be involved in a legal bid to stop the UK from leaving the European Union.

The case is being described as “the most important constitutional legal case in recent history” and will feature Attorney General John Larkin QC, the Belfast Telegraph reported.

To ensure Mr Larkin’s participation a formal notice of devolution has been served.

Boris Johnson says he believes Article 50 will be invoked early next year

A series of high-profile Northern Irish politicians are demanding a judicial review on Brexit.

The argument being offered is that triggering Article 50 – the formal clause the UK must invoke to leave the European Union – would be illegal if done so without securing parliamentary authorisation.

Fifty-six per cent of Northern Irish voters backed Remain. Among nationalist areas support for Remain was stronger, while in areas with majority unionist communities support tended to be greater for the Leave campaign.

Northern Ireland shares the UK’s largest land border with another EU country – the Republic of Ireland. It is not yet known how the border will be affected by Brexit. Some politicians have raised concerns a “hard border” would have to be introduced, prompting fears this could exaccerbate tensions surrounding the constitutional status of the island.

Northern Ireland also receives grants and funding from the EU for cross-community projects to support post-Troubles relations between nationalist and unionist communities, known locally as “peace money”.

Ulster Unionist Party leader Mike Nesbitt said following the referendum result announcement that Northern Ireland now faced “a decade of uncertainty”.

Campaigner Raymond McCord welcomed the Attorney General’s involvement and said the majority of Northern Ireland wants to remain in the EU.

“We are a devolved nation and our views should count for something,” Mr McCord told the Belfast Telegraph.

All the implications of leaving the EU specific to Northern Ireland will be examined by a judge at a preliminary hearing at the High Court in Belfast.

The Independent has contacted the Attorney General’s office for comment.

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