Exiting the European Union

Lord Elystan-Morgan Excerpts

Monday 5th September 2016 Lords Chamber

[Lord Elystan-Morgan (CB)]

My Lords, does the Minister agree that there are three technical realities that we should very much bear in mind in connection with this? First, although it is not mentioned in Article 50, we cannot be rushed at all into giving notice. It is a matter for us to select the timing and nobody can accelerate that process.

Secondly, in paragraph 2 of Article 50 there is a provision for negotiating an agreement for leaving and that agreement should be concluded by the Council on behalf of the European Union. There is nothing at all in the article which sets out what those conditions should be—nor, specifically, what the timing should be.

The third paragraph of Article 50 ordains that the final leaving should be either the date set in the negotiations or two years. It does not say whether it should be the longer period. But it goes on to say that that period can be extended by the unanimous decision of the Council and the agreement of the leaving state. I am sorry to have taken such a long time, but I am sure that the Minister will agree that these are matters of the utmost, supreme importance.

[Lord Bridges of Headley]

My Lords, the noble Lord speaks with a lot of experience on this. On his first point, he is absolutely right: the decision on timing the invocation of Article 50 is obviously within our power. That is why we must use this period, mindful of the calls to bring greater certainty and clarity to the situation, to ensure that when we invoke Article 50 we are in possession of all the facts and have a clear idea of the strategy and outcomes we wish to achieve. That seems eminently sensible; to do otherwise would be a complete abrogation of what I believe to be in the national interest, and we should not do so.

As regards unanimity on the decision to extend Article 50 and the deliberations on that, the noble Lord is absolutely right.

--- Later in debate ---

[Lord Stoddart of Swindon]

My Lords, I am very pleased that the Prime Minister has made it very clear that Brexit means Brexit and that there will not be another referendum. The people have spoken and, if I may quote somebody else, long live the people. Perhaps I may ask the noble Lord two questions. First, in the vote in 1971, did Parliament give all the treaty powers to the Government, and does any other treaty abrogate what was then done?

[Lord Elystan-Morgan (CB)]

1972.

[Lord Stoddart of Swindon]

No, it was 1971. There was another vote in 1972 on a different matter, but the 1971 decision was to hand over the power of Parliament to the Government of the day. I am asking whether that has been abrogated since. Secondly, once Article 50 is brought into operation, surely we do not have to take two years to negotiate a settlement. Can we not make the negotiation shorter than that? Perhaps the noble Lord can answer that.