THERESA May knew that the Leave campaign had broken the law when she triggered article 50, her lawyer has revealed.
The confession came in response to a high court challenge to the Brexit vote being pursued by British citizens living in France, Italy and Spain.
The expats want to stop the UK leaving the EU, and went to the courts after the Electoral Commission found “beyond a reasonable doubt” that Vote Leave and BeLeave broke the law during the 2016 referendum campaign by exceeding spending limits.
They argue that the conduct of the Brexit backing campaigners should nullify the result.
But May’s lawyer says their argument is “unsustainable”.
In his submission to the court, which was released by the Brits abroad, Joseph Barrett of 11KBW chambers says: “At the time the decision to give article 50 notice was taken, it was a matter of public record that campaigners may have breached campaign finance requirements, and other requirements, during the EU referendum campaign.
“The contention that the decision to give article 50 notice was founded on a premise that there had been universal compliance with those requirements is therefore incorrect and unarguable.”
He added: “Allegations that there had been breaches of campaign finance limits etc during the EU referendum campaign were a matter of public record at the date of giving article 50 notification, and it was also a matter of public record that such allegations were being investigated by the Electoral Commission (and might be found to be made out).”
Commenting on the government’s response, Sue Wilson, the lead claimant and chair of Bremain in Spain, said: “We must be able to trust in the democratic process and to be sure that votes and power can’t be bought. If the Prime Minister was aware of the allegations of cheating during the referendum at the time she sent her letter giving notice for the UK to withdraw from the EU – as appears to be the case here – she needs to be held accountable.”
Meanwhile, Michel Barnier, the EU’s chief negotiator said there was a “realistic” chance Britain could agree a Brexit deal with Brussels in the next two months. The Frenchman’s comments sent the pound soaring.
Sterling jumped to a five-week high of $1.31 on the report, up around 1% on the day, and rose around 0.5% against the Euro.
Barnier told a forum in Slovenia: “I think that if we are realistic, we are able to reach an agreement on the first stage of this negotiation – which is the Brexit treaty – within six or eight weeks.”
He added: “Taking into account the time necessary for the ratification process – the House of Commons on one side, the European Parliament and Council on the other side – we must reach an agreement before the beginning of November.
“I think it’s possible.”
Barnier said: “We can regret this vote but we have to respect it because it was a democratic decision and we have to implement it.”
He added “we are not far from agreement”, with 80% to 85% of issues already in common ground between the UK and Brussels, and “we want a deal”.
That follows reports that the remaining 27 EU leaders are poised to announce an extraordinary Brexit summit to take place in mid-November, giving Barnier and May a little more time to secure a deal.
That deal, however, is still dependent on the Prime Minister backing down over the Irish border.
The negotiators’s comments came 200 days before the UK is due to leave the EU and in the middle of a Tory civil war over Britain’s future relationship with Brussels.
Former Brexit minister Steve Baker even warned May that 80 of her MPs are willing to vote down the Chequers plans and that she risks splitting her party: “If we come out of conference with her hoping to get Chequers through on the back of Labour votes, I think the EU negotiators would probably understand that if that were done, the Tory party would suffer [a] catastrophic split,” he said.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel