UK Parliament / Open data

European Union (Notification of Withdrawal) Bill

I will make a little progress because other Members want to speak and we are quite far advanced in this debate.

I confess that, as a former Foreign Office lawyer who spent six years advising on both EU law and treaty interpretation, I find article 50 palpably clear on the surface. It disapplies the EU treaties two years after article 50 is triggered. The language is mandatory as a matter of treaty law, so if Parliament refuses to approve the terms of any exit agreement, the UK drops out without one.

Before there is general hysteria across the House, including among Government Members, let me say that there is a general principle of customary international law, which is also true of common law, that where there is a general rule, there can be exceptions, but those must be interpreted narrowly. There are exceptions on this. There is an exception if the EU unanimously agrees to extend the period under article 50(3). If we look at the clear language used, we can see that it is conceivable to imagine that happening only in very exceptional circumstances—if at all—for a limited period and in relation to the exit terms. That is what the provision says. The agreement on our post-Brexit relationship with the EU could be prolonged as long as both sides wish, but that will not delay the exit, and it is extremely doubtful that article 50(3) could be used to delay departure on those grounds. That means many of the amendments we are considering are, in practice, unlawful, as well as unwise.

5.30 pm

Type
Proceeding contribution
Reference
621 c317 
Session
2016-17
Chamber / Committee
House of Commons chamber
Subjects
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