Royal Prerogative

Baroness Deech Excerpts

Monday 18th July 2016 Lords Chamber

Asked by

[Baroness Deech]

To ask Her Majesty’s Government whether they plan to clarify the conditions for the exercise of the Royal Prerogative.

[The Parliamentary Secretary, Cabinet Office (Lord Bridges of Headley) (Con)]

My Lords, information about the exercise of the royal prerogative is set out in the Cabinet Manual. There is no need for further clarification, and consequently there are no further plans to do so.

[Baroness Deech (CB)]

My Lords, I hoped that the Minister would have acknowledged that there are grave uncertainties in the operation of the modern law concerning the royal prerogative, not least as regards going to war and the BBC charter. However, the most pressing is the requirement relating to the triggering of Article 50 to leave the European Union. Some 1,050 barristers have, most unusually, given free advice to the nation that the consent of Parliament is necessary, while other lawyers say that it is a matter of prerogative alone. Can the Minister disentangle these competing views and say whether parliamentary consent is necessary?

[Lord Bridges of Headley]

The Government’s position is that there is no legal obligation to consult Parliament on triggering Article 50. I understand that, as the noble Baroness rightly alluded to, a court case is beginning to trundle its way through the courts, and obviously that will have to make its way. Beyond what I have said, I am sorry to say there is nothing further for me to add at this point.