Royal Prerogative

Lord Morris of Aberavon Excerpts

Monday 18th July 2016 Lords Chamber

[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.

[Lord Morris of Aberavon (Lab)]

My Lords, I have already welcomed the Government’s decision, announced last week, on the need for the consent of Parliament to invoke Article 50 rather than rely on the royal prerogative. Since the Constitution Committee of this House proposed, following evidence from the late Lord Mayhew and from me, that the consent of Parliament was necessary to go to war—now a convention—rather than use of the royal prerogative, should not the same committee be asked to examine how the royal prerogative should be used in the future?

[Lord Bridges of Headley]

How the royal prerogative might be used in the future is obviously a matter for the committee to consider. However, I am sorry to say to your Lordships that I cannot go further than what I have said so far. Our understanding is that there is no legal obligation to consult Parliament on triggering Article 50, as it affects the position in international and not domestic law.