Article 50 legislation could delay Brexit by up to two years

The Government is warned it may require "comprehensive" legislation to begin the process of exiting the EU.

Hard Brexit could cause the country's GDP to plummet, leaked papers suggest
Image: Lady Hale says the EU referendum 'was not legally binding on Parliament'
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Brexit could be delayed by months, even as long as two years, after a Supreme Court Judge suggested that "comprehensive" legislation was required to trigger Article 50.

Lady Hale told an audience in Kuala Lumpur that "another question" for the court was "whether it would be enough for a simple act of Parliament to authorise the Government to give notice, or whether it would have to be a comprehensive replacement for the 1972 [EEC Accession] Act".

Sky News reported last week that the Government was preparing a short bill to push through both the Commons and the Lords to try to keep its March deadline for triggering Article 50.

Labour has said it would not block such a bill in the House of Commons. 

Lady Hale's comments, published on Tuesday, come after a High Court ruling that Theresa May cannot trigger Brexit without putting it to a vote in the House of Commons.

Theresa May
Image: Theresa May said Article 50 would be triggered by the end of March

That shows that the Supreme Court could adjudicate not just the validity of the Government's appeal against the ruling, but also the precise remedy the Government must offer to the claimants if it loses its appeal.

This means the Government could have to pass its Great Repeal Bill before triggering Article 50. The Great Repeal Bill is currently not planned to be introduced until the next session of Parliament after May.

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Lady Hale, who will sit as one of the judges hearing the Government's appeal, also said unequivocally that the "referendum was not legally binding on Parliament".

This was a reference to the referendum legislation passed last year. She also confirmed that for the first time in its history the Supreme Court will sit with all 11 Justices.

Mr Duncan Smith says there is 'every chance' Article 50 could be enacted sooner
Image: Iain Duncan Smith claimed Lady Hale was 'opposed to Britain leaving the EU'

Former Cabinet Minister Iain Duncan Smith told Sky News that the court battle could cause a "constitutional crisis".

He said: "What the judges will decide on at the Supreme Court is whether or not the Government can use its executive powers to trigger Article 50. It is not their job to tell Parliament… how they go about their business. 

"That's for Parliament to decide. I would simply advise that the Government should ignore it."

Mr Duncan Smith added: "It is very clear in Article 9 (of the Bill of Rights) which is the base element of all our constitutional rights."  

Criticising Lady Hale directly, he said: "I do not believe for one moment that (Supreme Court) will form a majority opinion, it is a tiny minority. 

"The individual concerned herself has always been opposed to Britain leaving the EU."

In a statement, a Supreme Court spokesman said Lady Hale "was simply presenting the arguments from both sides of the Article 50 appeal."

He said: "It is entirely proper for serving judges to set out the arguments in high profile cases to help public understanding of the legal issues, as long as it is done in an even-handed way.

"One of the questions raised in these proceedings is what form of legislation would be necessary for Parliament to be able to lawfully trigger Article 50, if the government loses its appeal."

He added: "In no way was Lady Hale offering a view on what the likely outcome might be."

The Supreme Court hearing will begin on 5 December.