Brexit: Constitutional Reform and Governance Act 2010

Lord Wallace of Saltaire Excerpts

Thursday 8th September 2016 Lords Chamber

Asked by

[Lord Wallace of Saltaire]

To ask Her Majesty’s Government at what stage or stages of the European Union exit negotiations the requirements of Part 2 of the Constitutional Reform and Governance Act 2010 will be fulfilled.

[The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)]

My Lords, the precise timing, terms and means by which we leave the European Union will be determined by the negotiations that follow the triggering of Article 50. We will observe in full all relevant legal and constitutional obligations that apply.

[Lord Wallace of Saltaire (LD)]

My Lords, as the Minister recognised, we are now in some confusion over sovereignty—Bernard Jenkin and others suggest that we can abrogate the limits on external sovereignty and ignore international law. The Minister is too young to remember Margaret Thatcher’s remarks against moving from parliamentary to popular sovereignty, but we are clearly moving away a little. The Government have suggested that we can move towards exerting Article 50 by prerogative sovereignty. Executive sovereignty and popular sovereignty take us a long way away from parliamentary sovereignty, which the Constitutional Reform and Governance Act was intended to strengthen. Can we have a reassurance from the Government that the rules of that Act will be followed very closely as the Government move towards treaty renegotiation?

[Lord Bridges of Headley]

I think I got that question, and I thank the noble Lord for it. The Government are very clear about the obligations of the Constitutional Reform and Governance Act 2010, which states clearly that both Houses of Parliament have a role in approving treaties as set out in the Act. As I said in my first statement, we will observe in full all relevant legal and constitutional obligations that apply.