EU Exit Day Amendment

David Jones Excerpts

Wednesday 27th March 2019 Commons Chamber

[Mr Walker]

The hon. Lady makes a political point, which is not particularly appropriate for a debate on technical legislation. The instrument has been laid under the EU withdrawal Act to do just what I said. Section 20(4) of the Act contains a power to amend exit day through a statutory instrument.

[Mr David Jones (Clwyd West) (Con)]

The Minister mentioned that the European Council agreed an extension. There was a resolution of this House to seek to agree an extension, which I suggest amounts to an authority to negotiate. Has he been advised that that also amounted to an authority to conclude an extension? Did he get legal advice on that point?

[Mr Walker]

I know that my right hon. Friend is a keen legal eagle, as well as an experienced former Minister in this Department, but of course the Government are confident of their legal position in the decisions that they have taken.

The power was specifically included in the EU withdrawal Act because parliamentarians envisaged a situation in which extension could be required. As the then Under- Secretary said, the Government had had discussions with Back Benchers and were grateful that they tabled their amendments, which

“provide the Government with the technical ability to amend the date, but only if the UK and the EU unanimously decide to change the date at which treaties cease to apply to the UK, as set out in article 50.”—[Official Report, 20 December 2017; Vol. 633, c. 1155.]