(8 years, 2 months ago)
Lords ChamberNo, it was 1971. There was another vote in 1972 on a different matter, but the 1971 decision was to hand over the power of Parliament to the Government of the day. I am asking whether that has been abrogated since. Secondly, once Article 50 is brought into operation, surely we do not have to take two years to negotiate a settlement. Can we not make the negotiation shorter than that? Perhaps the noble Lord can answer that.
I hope that the noble Lord will forgive me as I will need to come back to him on the position in 1971—I was not very old at the time—but I completely take his point that this matter is key. I repeat that we will stand by the conventions and the laws that currently exist as regards treaty ratification. As regards Article 50, I think the noble Lord is referring to paragraph 3. The point here is that it will take two years to get to the end of the process. There would obviously still need to be a deal following that and we would need to go through the process set out in Article 50 to get that ratified by the Council. The noble Lord may be right but perhaps I may write to him to clarify that point.
(8 years, 3 months ago)
Lords ChamberI hear what my noble friend says and, given that he was my first boss, I hear it very well. As the Government have said, Parliament will have a role in making sure that we find the best way forward. Beyond that, on Article 50, I will simply stick with what I have already said.
My Lords, the noble Lord must surely be aware that there is great confusion over how this matter will be resolved. At the moment, it is said that Article 50 has to be triggered, but how can that happen in the light of the European Communities Act 1972? Would the royal prerogative in this respect trump a parliamentary Act?
My Lords, I am sorry to say that I am sticking with what I have said. Article 50 is a matter for the royal prerogative, as it affects the position in international law and not in domestic law. That is our understanding.