Parliamentary Scrutiny of Leaving the EU

Debate between Chris Bryant and Kwasi Kwarteng

Wednesday 12th October 2016 Commons Chamber

[Chris Bryant]

That is an extremely good point. It is often Europe that enables people to think of opportunities in the UK because of cross-border co-operation on education and research skills.

I would like to come on to the process. The Government have to take the 48% with them. It will not be good enough if, when we leave at the end of the process it is still only 52% of people who think that we have made the right decision. That will be a recipe for disaster and lack of confidence in this country. I would also say to the Government that I have never believed royal prerogative to be absolute. We have fought wars—quite a lot of wars—about this. Even on the question of going to war, the royal prerogative barely exists any more. One could argue that, after the war of American independence, when Parliament, rather than the Government, decided to stop fighting the war, we abandoned the royal prerogative on war-making powers on 22 February 1782. In recent years, it has become absolutely established that we do not send troops to war, except in extreme situations, without the permission and say-so of Parliament. Mr Cameron and William Hague explicitly agreed as much when they lost the vote on Syria in the House and decided not to proceed with the action they had intended to take.

Prerogative is not absolute in relation to war, and it is certainly not absolute in relation to treaty making. The 1713 treaty of Utrecht had to go through Parliament, and only got through the House of Lords because Queen Anne was persuaded to introduce 12 more Members of the House of Lords. The Government are rapidly increasing the number of Members of the House of Lords, but I hope that they do not do that.

[Kwasi Kwarteng]

The hon. Gentleman is widely acknowledged as a capable historian, so he will know that treaties, under any kind of Lockean or mixed constitutional thinking, were always matters of federative powers.

[Chris Bryant]

That is completely wrong, I am afraid. The hon. Gentleman, too, is an historian, and doubtless an impressive one: I have never got round to reading any of his books, but I am sure that in my present retirement I will have an opportunity to do so. Under the Ponsonby rule of 1924 it is absolutely clear that all treaties are laid before both Houses, and if either House votes down a treaty, the Government will not proceed. I do not think that even in relation to treaties, the Government’s argument stands.

On timing, the Government seem to anticipate that we will leave the EU, at the very latest, on 1 April 2019. Let us work backwards from that date. Any new domestic legislation resulting from the negotiations would require Royal Assent at least six months before so that it could be implemented in law around the country. That means that a treaty Bill implementing the negotiations would have to be introduced in the Commons or the other place at least 12 months before 1 April 2019 on 1 April 2018, which would fall in the previous Session. I do not think that the Lords would like such a Bill to be carried over, so we may well have to have a two-year Session running through 2017 and 2018.

Finally, I will die trying to persuade people that we would be better off in the European Union, but that does not mean that I intend to stand in the way of the will of the British people.