The Process for Triggering Article 50

Debate between Lord Lang of Monkton and Lord Bridges of Headley

Tuesday 24th January 2017 Lords Chamber

[Lord Lang of Monkton (Con)]

My Lords, your Lordships’ Constitution Committee expressed the view that it would be constitutionally appropriate that Parliament should be consulted before the triggering of Article 50. We therefore welcome the outcome of the Supreme Court judgment, even though we might not have chosen the route whereby the Government approached it. I congratulate my right honourable friend the Lord Advocate for Scotland on winning the Supreme Court’s unanimous rejection—including by two Scottish judges—of the Scottish Government’s attempt to extend their powers into reserved matters, even though the risk of that was engendered by somewhat unwise wording in the Scotland Act 2016. Are there other implications for the Sewel convention in the future handling of Brexit?

Although I believe the Government were right and it was their duty to pursue the appeal to obtain clarity on the position of the royal prerogative overall, can my noble friend confirm that the royal prerogative is unaffected by the judgment, except in so far as it affects the triggering of Article 50?

[Lord Bridges of Headley]

I thank my noble friend for the work of his committee and take this opportunity to thank all the European Select Committees in this House and the other committees that are making such a valuable contribution in scrutinising Brexit. Long may this continue.

It is very useful that the ruling gave such clarity on the position of the devolved Administrations. It is a 96-page ruling. Our lawyers are studying it in depth and detail. I will not go further at this juncture about the royal prerogative; nor, likewise, about the Sewel convention.

Brexit: Article 50

Debate between Lord Lang of Monkton and Lord Bridges of Headley

Monday 7th November 2016 Lords Chamber

[Lord Bridges of Headley]

My Lords, I am sorry to say that I have nothing further to add on this matter.

[Lord Lang of Monkton (Con)]

My Lords, your Constitution Committee did indeed state in its report on the invoking of Article 50 that it was constitutionally appropriate that Parliament should be involved in the various stages of the negotiations, including the triggering of Article 50. I am sure that we would still stand by that view. However, we accept the need to make progress and to make it reasonably rapidly, removing uncertainty not least from the economy and the concerns of the business community, and the possible jeopardising of the future of that economy should matters be drawn out unduly. Does my noble friend agree that the triggering of Article 50 is essentially a matter of timing? It is therefore not an appropriate time for diving into the detailed study of the Government’s negotiating plans, which it might anyway be inappropriate to lay before Parliament in advance and thus declare their position.

However, if it is a matter of timing, would it not be sensible to consider bringing before both Houses of Parliament a short and tightly drawn Bill and seeking the agreement of the various parties involved to achieve rapid progress through the House on a fast-track basis? That would remove the uncertainty that is causing so much concern; proper consideration can then be given to the negotiations. Finally, since this is about the invoking of Article 50 and not about what the Daily Mail said about the judges, could we have a debate on the invoking of Article 50 and the reports of the Constitution Committee and the European Union Committee on that subject?

[Lord Bridges of Headley]

On the second point, that is a matter for the usual channels. On the first point, I would certainly say that it is a matter of process. The Prime Minister and the Government have made it clear that we are going to appeal this judgment. I very much respect and value the work that the committee of the noble Lord, Lord Lang, does. We have tried to allay uncertainty wherever we can, be it by our approach to repealing the European Communities Act or to European funding. We are certainly doing that and will continue to look for ways in which we can mitigate it elsewhere.