Article 50

Pat McFadden Excerpts
Monday 7th November 2016

(7 years, 6 months ago)

Commons Chamber
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David Davis Portrait Mr Davis
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My right hon. Friend tempts me, but the proper route for the Government to pursue is to await the outcome of the court case and then act properly under the law.

Pat McFadden Portrait Mr Pat McFadden (Wolverhampton South East) (Lab)
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The basis of the judgment last week was that rights conferred by legislation cannot be taken away by royal prerogative. The Secretary of State said in the wake of that judgment that it was his understanding that therefore legislation would be needed to give effect to the judgment. Is that still his understanding, or does he think that the judgment can be given effect without legislation?

David Davis Portrait Mr Davis
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As the judgment stands, that is my understanding. Basically, the right hon. Gentleman is right. What the court said, in effect, was, “You cannot remove rights without legislative power, and to give the Government legislative power, you have to have legislation”, but remember, we are now waiting on the Supreme Court outcome, which may be different.