InFacts

Don’t lose heart, Article 50 can be withdrawn

Can the Article 50 moment be undone - at no extra cost to the UK? (Reuters)

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We can change our minds and stay in the EU if we wish, three top lawyers have argued convincingly. Theresa May, who insists Brexit will happen come what may, has refused to share her own advice on the issue – suggesting it reaches the same happy conclusion.

A legal opinion from three QCs argues that Article 50 was a notification of the UK’s “intention” to withdraw from the EU. In common language, an intention can always change, and there’s nothing in the wording of Article 50 that suggests “intention” has a different meaning here. As a result, we can change our minds and don’t need the other 27 countries’ permission to do so either.

Article 50 also explicitly says that if a country wishes to rejoin after it has left the EU, it must re-apply as any new state would. It refers to the position only after leaving, not after notifying the EU of our intention to quit, suggesting the UK could keep its status quo as a member state if it chose to.

May has been provided with legal advice on the matter but refused to disclose it despite requests by an MP and others. As if that’s not enough, John Kerr, one of the authors of Article 50, has argued powerfully that we can change our minds if we wish. What’s more, Brexit minister Martin Callanan was forced last November to apologise to the House of Lords after wrongly claiming that the UK Supreme Court had confirmed Article 50 was irreversible.

The government is trying to pretend Brexit is inevitable so the people don’t question the wisdom of charging ahead with such a destructive policy. But the fact that the prime minister is going to such lengths to pull the wool over voters’ eyes should give pro-Europeans heart. It’s not too late to change our minds.

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