Friday, 1 July 2016

It is Brexit (6) - Parliamentary material

Update 26th July:

A week has elapsed since the result of the referendum was declared.  Rarely has there been greater proof of the statement that "a week is a long time in politics."  These documents issued by Parliament will be of interest :

a)  Brexit: what happens next? - This Commons Library briefing paper looks at the immediate consequences of the vote and some of the longer term implications. This paper considers various questions about UK withdrawal from the EU and what is likely to happen in the coming weeks and months. The issues include the method of leaving the EU, continuing parliamentary scrutiny of EU business and the withdrawal negotiations, and the implications of Brexit for Scotland and Gibraltar.

b) Brexit: how does the Article 50 process work? - This Commons Library briefing paper looks at the process of withdrawing from the EU under Article 50 of the Treaty on European Union. There could be a complex and difficult negotiation lasting two years or more, or the UK could leave without settling its exit terms or its future relationship with the EU.

c)  Leaving the EU: Parliament’s role in the process - Following the result of the referendum held on 23 June 2016, this House of Lords Library briefing examines what Parliament’s role would be in the process of withdrawing from the European Union in several key areas: invoking Article 50; overseeing the negotiation process; ratifying agreements; repealing and reviewing domestic legislation.

Drawing on parliamentary material and recent legal and constitutional comment, this Library briefing examines what Parliament’s role would be in the process of withdrawing from the European Union in several key areas:

Invoking Article 50—The Prime Minister has said it would be for his successor and his or her Cabinet to decide whether the House of Commons should have a vote on the decision to trigger Article 50, the formal process set out in the Treaty on European Union for member states to follow should they decide to leave the EU. Some legal commentators agree that prerogative powers would enable a Prime Minister to take this decision; some have suggested that Parliament could have a role, and others have gone further, arguing that prior parliamentary approval would be required before Article 50 could be invoked.

Overseeing the Negotiation Process—Formal negotiations between the UK and the European Union would not begin until the UK made a notification under Article 50 of its decision to withdraw from the EU. Parliament’s involvement in overseeing or scrutinising such negotiations has not yet been set out in great detail. The chair of the House of Lords European Union Committee has called for Parliament to be “fully involved” in the process.

Ratifying Agreements—Parliament would have a statutory role in ratifying an eventual withdrawal agreement and any other international agreements arising from the negotiations if they were subject to the usual procedure for ratifying treaties. The House of Commons potentially has the power to block the ratification of a treaty indefinitely; the House of Lords does not. Under the terms of Article 50, the UK’s membership would cease two years after it gave formal notification of its intention to leave, if no withdrawal agreement had come into force by that point, although the two-year period could be extended on the unanimous agreement of all EU member states.

Repealing and Reviewing Domestic Legislation—As part of the process of leaving the EU, decisions would need to be made about how to deal with existing domestic legislation passed to enable EU law to have effect in the UK, a process which the House of Lords European Union Committee has described as "domestic disentanglement from EU law". Parliament would have an important role to play in reviewing, repealing, amending and replacing legislation, a process which is predicted by many to be complex and time-consuming. Once the UK had formally triggered Article 50, its timescales would apply independently of Parliament approving domestic legislative changes associated with leaving the EU.

d) Update 26th July - House of Lords European Union Committee 22nd July 2016 - Scrutinising Brexit: the role of Parliament

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