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ARTICLE 50: PARLIAMENTARY APPROVAL
11 July 2016
Lead MP
Helen Goodman
Debate Type
General Debate
Tags
ScotlandBrexitParliamentary ProcedureStandards & Ethics
Other Contributors: 43
At a Glance
Helen Goodman raised concerns about article 50: parliamentary approval in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
Asked an Urgent Question to the Chancellor of the Duchy of Lancaster on whether the Government will seek parliamentary approval before triggering Article 50. Emphasised concerns about democratic principles and transparency in initiating Brexit negotiations, questioning the legality and legitimacy of invoking the royal prerogative without Parliament's consent.
John Penrose
Con
Somerton and Frome
Responded on behalf of the Government, stating that while legal considerations exist regarding whether Article 50 can be invoked through the royal prerogative or requires an Act of Parliament, democratic principles should take precedence. Acknowledged the Prime Minister's commitment to parliamentary involvement and hinted at a comprehensive debate format without providing specific details.
Helen Goodman
Lab
Bishop Auckland
Pressed for clarity on legal aspects, questioning whether using royal prerogative would be a breach of promises made during the referendum campaign. Raised concerns about significant areas affected by Brexit and the need for parliamentary approval before negotiations begin.
John Redwood
Con
Wokingham
Suggested that proceeding quickly to repeal the European Communities Act 1972 while transferring relevant EU law into British law, protecting borders, and managing contributions would be a way to take back control and seek parliamentary approval.
Louise Haigh
Lab
Sheffield Heeley
Called for a clear plan before triggering Article 50 and emphasised the need for cross-party consensus and proper resourcing of the negotiating team. Highlighted concerns about current budget cuts impacting civil service capacity.
Liam Fox
Con
Wyre Forest
Defended the democratic legitimacy of triggering Article 50 without a parliamentary vote, arguing that the referendum was an instruction from the British people to be followed by democrats.
Pete Wishart
SNP
Perth and Kinross-shire
We are grateful to the Minister for confirming that this will be done through royal prerogative. However, before any process is started on Article 50, the Scottish Government should be fully consulted and able to give their consent. The Scottish people did not vote for Brexit and we must ensure they secure what they voted for.
John Penrose
15:30:00
I confirm that the Scottish Government will be involved, but it is a commitment to consult rather than seek outright consent. This decision lies with this Parliament and the UK as a whole, not the devolved Governments.
Crispin Blunt
15:30:00
There is no escape from invoking Article 50 via treaty obligations, and we must meet our commitments to achieve Brexit. We have to respect the British people’s decision despite any lack of consensus.
Ben Bradshaw
15:30:00
Referendums are advisory; this Parliament is sovereign. It would be a constitutional outrage and democratic defiance to ignore the referendum's outcome without proper parliamentary scrutiny.
Bernard Jenkin
Con
Harwich and North Essex
It would be unprecedented for us to start taking instructions on decision-making from an administrative court. The legislative consent was effectively given when we passed the European Union Referendum Act 2015.
Tom Brake
15:30:00
There are as many versions of Brexit as there are MPs on Government Benches. Parliament needs to reaffirm its sovereignty and vote on the negotiating stance, particularly regarding issues like the Irish border.
Edward Garnier
15:30:00
There is a slight chance of generating more heat than light over Brexit in the coming weeks. While Parliament must be informed and its views heard, it should not hamper or constrain negotiations with the EU.
Keith Vaz
15:30:00
The triggering of Article 50 will have profound consequences for 3 million EU citizens in the UK. We need clarity on their right to remain and representations from other EU countries about their nationals here.
Jacob Rees-Mogg
15:30:00
Sovereignty is delegated by the British people, not given by divine right. The mandate must be fulfilled with details implemented via legislation.
Caroline Lucas
15:30:00
Will the Minister consider establishing a royal commission or independent body to receive evidence on the risks and benefits of triggering Article 50 at various times, reporting before Parliament votes?
Andrew Tyrie
15:30:00
All common sense points towards not triggering Article 50 until it is in the UK’s national interest to do so, as reported by the Treasury Committee and many experts.
Chris Bryant
Lab
Rhondda
Questions why the government is challenging the legal case when it admits it's a political issue, suggesting that this undermines the negotiating position with other EU countries.
John Penrose
Con
St Ives
Responds to Chris Bryant by expressing sadness at Labour's lack of unity and confirms the Attorney General believes the government's case is strongly arguable in court.
Philip Davies
Con
Shipley
Remarks on Labour's internal conflict following the referendum result and urges the Government to implement Brexit to prevent further electoral losses for Labour.
John Bercow
Con
Buckingham
Urges order in the House while responding to Philip Davies' interruption.
David Winnick
Lab
Walsall North
Emphasises the importance of respecting the referendum result regardless of individual views, advocating for democracy and adherence to public will.
John Penrose
Con
St Ives
Agrees with David Winnick about the need to respect democratic processes and decisions made by voters.
Bob Neill
Con
Bromley and Chislehurst
Asks if Article 50 is the only lawful route for exiting EU, whether it's a matter of royal prerogative, and how to manage amendments or repeals of existing legislation.
John Penrose
Con
St Ives
Confirms that Article 50 is indeed the correct legal route for exiting EU and agrees that primary legislation will be required for any significant changes or repeals.
Margaret Ritchie
SDLP
South Down
Asks about discussions with devolved regions, particularly Northern Ireland, regarding free movement of goods, services and people.
John Penrose
Con
St Ives
Responds to Margaret Ritchie by confirming ongoing discussions but cannot provide detailed progress updates at this time.
David Jones
Con
Clwyd West
Questions the potential public response if the government refuses to trigger Article 50, suggesting it would be seen as contemptuous of democratic will.
John Penrose
Con
St Ives
Reiterates the importance of respecting the public's views and expresses concern over potential damage to democracy if this is ignored.
David Lammy
Lab
Tottenham
Questions whether Parliament should come back to review triggering Article 50, drawing parallels with criticism in the Chilcot report regarding pre-Iraq war prerogative powers.
John Penrose
Con
St Ives
Acknowledges the complexity but maintains that while 'Brexit means Brexit', the process for how it is achieved remains open to discussion and negotiation.
Huntingdon
Asks about timing of triggering Article 50 in relation to potential retaliatory measures from EU, using Switzerland's experience as an example.
John Penrose
Con
St Ives
Responds that the timing will be a crucial consideration for negotiations and will be factored into strategic planning by the new government.
Ann Clwyd
Lab
Wrexham
Raises concerns about misinformation during the referendum campaign, pointing out potential consequences of Brexit on staffing levels at Foreign Office and other departments.
John Penrose
Con
St Ives
Acknowledges changes needed due to Brexit but cannot prefigure decisions by the incoming Prime Minister's team, inviting further discussion with them directly.
Paul Scully
Con
Beckenham
Advocates focusing on securing a looser, more collaborative relationship with European neighbours and pursuing opportunities elsewhere post-Brexit.
John Penrose
Con
Nottingham West
Stressed the need for a constructive approach to Brexit, highlighting opportunities and the necessity of clarity in negotiations. Emphasised that any changes to Article 50 require unanimity from EU member states and that the new Prime Minister's team will consider various options to maximise negotiating leverage.
Wayne David
Lab
Caerphilly
Questioned whether the Government had considered extending the two-year period for Brexit negotiations beyond Article 50's provisions, citing analysts' predictions of a longer process.
Stephen Kinnock
Lab
Aberavon
Called for a cross-party approach to deal with when to invoke Article 50 and the negotiating position around it. Suggested setting up a special parliamentary committee to hold the negotiating team accountable.
Andrew Gwynne
Ind
Denton and Reddish
Suggested that open negotiations between the UK Government and their European counterparts could help set out parameters for Brexit before coming back to Parliament. Emphasised the need to ensure the best deal possible for constituents.
Newcastle upon Tyne North
Asked about the proper scrutiny and voting process in Parliament regarding the terms of exit, given that no one knows what they will be.
Stephen Doughty
Lab/Co-op
Cardiff South and Penarth
Inquired about the specific role expected for Welsh Government Ministers and the Assembly in deciding the final proposal to be put before Parliament.
Chi Onwurah
Lab
Newcastle upon Tyne Central
Questioned whether Brexit should proceed without a clear definition of its meaning, considering it involves parliamentary sovereignty but lacks agreed definitions or decisions from Parliament.
Kerry McCarthy
Lab
Bristol East
Pressed for clarification on the extent to which devolved institutions will be consulted in Brexit negotiations, particularly regarding work that is devolved but affected by EU policies.
Government Response
Responded on behalf of the Government, emphasising democratic principles over legal formalities. Acknowledged cross-party consensus as beneficial for negotiations and agreed that a clear timetable is necessary to maximize negotiating leverage. I confirm that the Scottish Government will be involved but only through consultation. This decision lies with this Parliament and the UK as a whole, not the devolved Governments. We must respect the democratic verdict of the British people despite any lack of consensus.
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