Article 50

Debate between David Davis and Julian Brazier

Monday 7th November 2016 Commons Chamber

[Mr Davis]

The decision in the referendum was taken at the United Kingdom level. If, in the Scottish independence referendum, the hon. Lady’s side had had a majority but, say, half of Scotland had voted against, would she have said that that had invalidated the referendum result? I do not think so. I do not think that any smaller group than the whole of the United Kingdom can invalidate or veto the referendum.

[Mr Julian Brazier (Canterbury) (Con)]

I echo the view expressed by my hon. Friend the Member for South Dorset (Richard Drax) about the possible implications of this judgment for areas such as defence. Does the Secretary of State agree that while the independence of the judiciary is indeed a crucial pillar of our independent constitution, it is only one of a number of them? Does he also agree that for the judiciary to interfere between Parliament and the Executive would break frightening new ground?

[Mr Davis]

Well, no. As I have said, we are taking this case to the Supreme Court for a reason. We are a Government who operate under the law. My hon. Friend has a point in that there has been a degree of judicial activism in modern times, but I do not think that this case is susceptible to that analysis.