NI's specific issues may '˜slip through cracks in GB'

Mr Justice Maguire rejected arguments that the impact of the peace process on the ability to quit the EU by royal prerogative should be dealt with at separate court proceedings in London.

His determination clears the way for a cross-party group of MLAs to mount a fuller case at next week’s hearing in Belfast.

Raymond McCord, a victims’ campaigner whose son was murdered by loyalist paramilitaries, is also mounting a bid to stop Brexit.

They claim it would be unlawful to trigger Article 50 of the Lisbon Treaty – the formal process for confirming the UK’s exit – without first securing Parliamentary authorisation.

Mr McCord is taking the case amid fears EU peace money for Troubles victims may be axed.

The MLAs have identified a series of obligations they say must be satisfied before Article 50 can be invoked.

These include requirements for Parliamentary legislation, and consent from the Northern Ireland Assembly.

The arguments from Mr McCord and the MLAs will all be heard at a two-day High Court hearing.

But the legal teams were in disagreement over the full scope of the issues to be decided by Mr Justice Maguire.

Counsel for the Government wanted a stay on claims that the royal prerogative is “displaced” by provisions of the Good Friday Agreement, and more.

Those issues will be dealt with during challenges in London, it was contended.

Rejecting this, the judge said: “I’m uncertain that what I shall describe as the Northern Irish issues... will necessarily be dealt with in the England and Wales case.”

He added: “There may be a risk they will not get the full attention they deserve, and could fall between the cracks.”