Article 50: Parliamentary Approval Debate

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Department: HM Treasury

Article 50: Parliamentary Approval

Robert Neill Excerpts
Monday 11th July 2016

(8 years, 5 months ago)

Commons Chamber
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John Penrose Portrait John Penrose
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That was beautifully and eloquently expressed. We are all, I hope, democrats first and foremost, and whichever side of the referendum debate we were on, we in this House and those more broadly across the country have to respect the democratically expressed will of the British people.

Robert Neill Portrait Robert Neill (Bromley and Chislehurst) (Con)
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I am glad to see the Attorney General in his place on the Treasury Bench. Does the Minister agree with these propositions put forward by Sir Paul Jenkins, QC, the former head of the Government Legal Service, and many others: first, that article 50 is the only lawful route for exiting the EU; secondly, that that is a matter for the royal prerogative; and, thirdly, that the European Union Referendum Act 2015 is not, of itself, adequate in law to constitute notice under article 50? Finally, does he agree that to repeal unilaterally the European Communities Act 1972 other than through the article 50 process would be a breach of a treaty obligation, which is something that no Government have committed in 300 years and would be wholly unconscionable?

John Penrose Portrait John Penrose
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My hon. Friend asks four questions, and the answer to the first three is a straightforward yes. The only gloss I would add to his fourth question about how we might either amend or repeal not just the European Communities Act, but any other measures that need to be amended as a result of Brexit, is that that will inevitably require primary legislation, which of course will be brought forward when the time is right.