European Union (Notification of Withdrawal) Bill

Debate between Baroness Symons of Vernham Dean and Lord Sentamu

Ping Pong (Hansard): House of Lords
Monday 13th March 2017 Lords Chamber

[The Archbishop of York]

I shall not detain noble Lords long, but in response to the noble Lord, Lord Pannick, who always speaks with such clarity and grace, I must say that the problem with the amendment is with subsection (4). If the Prime Minister does not get an agreement, whatever she does she has to have the rule of Parliament. She will bring it to Parliament, but the problem is this, if I understand it right—that triggering Article 50 is an irreversible act. Two years after triggering Article 50, the UK will leave the EU; it will do so with or without a deal but, either way, it will leave, because paragraph 3 of Article 50 makes it clear that the:

“Treaties shall cease to apply … two years after the notification”.


Of course, it is possible that the EU 27 might unanimously agree to extend the negotiation period beyond two years, but that cannot be taken for granted, nor should it be assumed that they will offer anything but a brief extension.

The amendment shows no awareness of the realities represented by the Article 50 timescale. It overlooks the fact that the Bill is about to trigger Article 50 and the formal divorce agreement. Neither this Bill nor Article 50 are about negotiating a new agreement with the EU. So as far as I am concerned, once we trigger it, it is irreversible; leave we will, with an agreement or without. So why put in subsection (4) of the amendment? For that reason, I hope that we follow what the House of Commons has just done.

[Baroness Symons of Vernham Dean (Lab)]

My Lords, the notes to Article 50 of the Lisbon treaty say that,

“the Council needs to obtain the European Parliament’s consent … voting by a simple majority of the votes cast, before it can conclude the withdrawal agreement”.

That means that all Members of the European Parliament, including of course UK Members, have the legal right to vote on any final agreement, or lack of it, while Members of the British Parliament have no such legal right because the Government refuse to put such a right in the Bill. In that way I am trying to answer the point made by the noble Lord, Lord Pearson of Rannoch—that supporting the European Parliament having legal rights on the withdrawal agreement that our own elected Members of Parliament will not have seems completely inconsistent with why many people voted for Brexit. They voted for Brexit to have better control of our own laws and, by refusing to put this in the Bill, the Government are in effect making our legal rights less than those of the European Parliament. I think that that is a very strong argument on this point, which needs to be aired, and I hope that the noble Lord, Lord Pearson of Rannoch, accepts that that is indeed the legal position.