#Brexit: UK debates ‘The European Union (Notification of Withdrawal) Bill’ to trigger Article 50

The Bill presented last week (26 January) is the UK government’s response to the Supreme Court’s judgment that it would not be legal for the government to use prerogative powers to issue the Article 50 notice triggering the UK’s exit negotiations with the EU. Instead, the Court found that primary legislation was required and that an ‘advisory’ referendum could not be brought into force by ministerial action alone.

The Bill is very short, it has one request to grant the UK Government the legal authority to issue notice to the European Council, under Article 50 of the Treaty on European Union (TEU) that the UK has decided to withdraw from the EU.

The government considers that the Bill would also allow the Prime Minister to trigger withdrawal from the European Atomic Energy Community (Euratom). Prominent UK scientist Professor Brian Cox did not mince his words:

I'm trying to use temperate language, so here goes: Terrifically stupid, utterly shitheaded, myopically parochial idiocy. Pointless damage. https://t.co/IgGBSioV6z

— Brian Cox (@ProfBrianCox) January 28, 2017

Amendments

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Many amendments were tabled. The opposition parties are calling for parliamentary oversight of negotiations, including periodic reports on progress on a bi-monthly basis; the presentation of any document from the European Council or the European Commission has provided to the European Parliament or any committee of the European Parliament relating to the negotiations; and arrangements for Parliamentary scrutiny of confidential documents.

Other MPs, not the official opposition, have called for a clause to ensure that any future treaties made with the European Union can only be ratified with the express approval of Parliament. A separate clause says that European Economic Area membership should be scrutinized separately.

Some MPs are calling for extensive analysis in a White Paper of all aspects of the UK’s membership from environmental standards to health and safety, as well as broader impact assessments on everything from employment to GDP. The MPs would like further information on how the UK will replace or co-operate with a wide range of EU agencies.

On financial services, a key British interest, MPs have tabled a clause to request a report every six months on the impact of discussions on access to European markets for the UK financial services sector. They have also requested an annual report on the consequences of withdrawal from the European Union on competition policy, particularly the impact on government intervention and state aid.

What happens next?

British MPs will next consider the Bill at Second Reading. The Bill is expected to have its Second Reading debate on Tuesday 31 January 2017 with conclusion of Second Reading on Wednesday 1 February 2017.

The choice of any amendment to be considered is made by the Speaker. Any amendments that have been tabled are published in the Order Paper. Five reasoned amendments have been tabled.

The Bill is then due to be considered in Committee on Monday 6 and Tuesday 7 February 2017, concluding in Committee on Wednesday 8 February 2017 when the remaining stages are also due to take place.

The bill will then be sent to the House of Lords, where it could be approved by March 7. The final step is the granting of Royal Assent; this is more of a formality.

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