Article 50: Parliamentary Approval

Helen Goodman Excerpts

Monday 11th July 2016 Commons Chamber

[Helen Goodman (Bishop Auckland) (Lab)]

(Urgent Question): To ask the Chancellor of the Duchy of Lancaster to make a statement on whether the Government will seek parliamentary approval before triggering article 50.

[The Parliamentary Secretary, Cabinet Office (John Penrose)]

The question of how to invoke parliamentary discussion around triggering article 50 has two distinct facets, one legal and the other democratic. Taking the legal considerations first, I am sure that everyone will be aware of the debate about whether invoking article 50 can be done through the royal prerogative, which would not legally require parliamentary approval, or would require an Act of Parliament because it leads ultimately to repeal or amendment of the European Communities Act 1972. I will leave the lawyers to their doubtless very enjoyable and highly paid disputes. Apart from observing that there are court cases already planned or under way on this issue, so the judges may reach a different view, I simply remark that Government lawyers believe that it is a royal prerogative issue.

Nevertheless, I hope that everyone here will agree that democratic principles should out rank legal formalities. The Prime Minister has already said that Parliament will have a role, and it is clearly right that a decision as momentous as this one must be fully debated and discussed in Parliament. Clearly, the precise format and timing of those debates and discussions will need to be agreed through the usual channels. As everyone will understand, I cannot offer any more details today because those discussions have not yet happened. However, I will venture this modest prediction: I strongly doubt that they will be confined to a single debate or a single occasion. There will be many important issues about the timing and the substance of different facets of the negotiations that the Government, the Opposition, the Backbench Business Committee, and I dare say, perhaps even you, Mr Speaker, will feel it is important to discuss, but on the details of which topics, on what dates, and the specific wording of the motions, we shall have to wait and see.

[Helen Goodman]

I thank the Minister for that reply. If the royal prerogative is used to trigger article 50, would that not be a clear breach of the promises made to the public by the Brexiters during the referendum campaign that they would “take back control” and “restore parliamentary sovereignty”? How could it be right to initiate negotiations with important and far-reaching significance for citizenship rights, immigration rules, employment and social rights, agriculture, trading relations with the EU and third countries, and Scotland and Northern Ireland, without seeking Parliament’s approval for the aims, objectives and red lines?

The issues at stake are the culmination of 40 years of legislation. Is it not extraordinary to suggest that changes to these areas should not now come back to this House? The priorities and trade-offs are extremely important to everyone living in the UK. Surely the Minister is not suggesting that they should be decided behind closed doors in Whitehall while Parliament is presented with a done deal. Is not his inability to say how Brexit will be negotiated a clear indication of the Government’s failure to do any contingency planning? Why is the Chancellor of the Duchy of Lancaster wasting taxpayers’ money fighting a court case to keep the Government’s approach to Brexit secret? We know that the Minister cannot say today what the red lines will be, but why cannot he at least be clear that Parliament’s approval will be sought before the negotiations begin? When will he be able to say what the process will be? He says that these are matters for a new Government. Has the right hon. Member for Maidenhead (Mrs May) been consulted, and can the Minister tell the House when we will have a new Government?

[John Penrose]

Mr Speaker—[Interruption.]