Supreme Court Brexit decision could lead to ‘overreaction’

The UK Supreme Court ruled on 24 January 2017 – in the so-called Miller decision – that the UK government needs parliamentary approval to trigger Article 50 of the Treaty of Lisbon (the process of withdrawal from the EU).

From a tax perspective, there is a potential concern that this decision may lead to overcaution on the part of executive bodies such as HM Revenue and Customs who need to administer the law with discretion.

The 137 – word European Union ( Notification of Withdrawal ) Bill reads:

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1. Power to notify withdrawal from the EU

(1) The Prime Minister may notify, under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU.
(2) This section has effect despite any provision made by or under the European Communities Act 1972 or any other enactment.

2. Short title

This Act may be cited as the European Union (Notification of Withdrawal) Act 2017.