Brexit: Role of Parliament

Debate between Lord Keen of Elie and Lord Tyler

Monday 18th July 2016 Lords Chamber

[Lord Tyler]

To ask Her Majesty’s Government what assessment they have made of the stage, or stages, at which Parliament’s authority should be sought as part of the negotiation for leaving the European Union.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, Parliament will have a role in making sure that we find the best way forward. The Department for Exiting the European Union will consider the detailed arrangements to provide for that.

[Lord Tyler (LD)]

My Lords, this is not just a matter of the triggering of Article 50; the whole process ahead of us is a matter of concern to both Houses of Parliament. Does the Minister recall that throughout the referendum campaign there were constant calls to restore the sovereignty of the British Parliament, not least from Messrs Davis, Fox and Johnson? We also were told regularly that we should “take back control”. Who is in control? Is it the British Parliament? Who is answerable to the British Parliament? Is it one of those three? Can the Minister explain precisely which provisions of Part 2 of the Constitutional Reform and Governance Act 2010 will be applied to this process?

[Lord Keen of Elie]

My Lords, Parliament is sovereign. But the Executive has certain prerogative powers that it exercises in international legal matters, including the making and unmaking of treaties. That remains the position.