Parliament should authorise article 50 notice, Lords committee reports

The UK Government should not trigger the formal process for withdrawing from the European Union without consulting Parliament, according to the House of Lords Constitution Committee in a report published today.

According to the committee, it would be "constitutionally inappropriate" and would set "a disturbing precedent" for the Government to act on the Brexit referendum outcome by giving notice under article 50 of the Treaty on European Union without explicit parliamentary approval.

Prime Minister Theresa May has insisted that the Government does not need parliamentary approval before invoking article 50. A legal challenge to the Government's position is underway in the High Court in London.

The committee agrees with the Government's position that article 50 is the only viable route to withdrawal. It says the referendum result was clear, and that Parliament is now responsible for ensuring the Government implements it and takes forward the Brexit negotiations in a way that achieves the best possible outcome for the UK as a whole. 

It points out that although the referendum was, in legal terms, advisory, it was accompanied by a clear undertaking by the Government, based on a manifesto commitment, to implement the decision reached. "In our representative democracy, it is constitutionally appropriate that Parliament should take the decision to act following the referendum", the report concludes. "This means that Parliament should play a central role in the decision to trigger the article 50 process, in the subsequent negotiation process, and in approving or otherwise the final terms under which the UK leaves the EU."

The committee further concludes that it is unclear whether article 50, once triggered, could be unilaterally reversed by the UK. The report therefore states that Parliament should act on the assumption that triggering article 50 would be irreversible, and that article 50 should be triggered "only when it is in the UK’s best interests to begin the formal two-year negotiation process".

Committee chairman Lord Lang of Monkton commented: "The referendum result was clear and it is right that the Government are preparing to take Britain out of the EU. However, our constitution is built on the principle of parliamentary sovereignty and the decision to act following the referendum should be taken by Parliament."

He continued: "Parliament’s assent could be sought by means of legislation or through resolutions tabled in both Houses of Parliament. An Act of Parliament would give greater legal certainty and could be used to enshrine the 'constitutional requirements' required by article 50, allowing for the setting of advantageous preconditions regarding the exit negotiations to be met before article 50 could be triggered. A resolution could be simpler and quicker to secure but might not provide the same watertight legal authority. We consider that either would be a constitutionally acceptable means of securing parliamentary approval for the triggering of article 50.

"Parliament and the Government will need to work together to ensure that the UK achieves the best possible outcome when it withdraws from the EU. It is therefore important that Parliament plays a key role in scrutinising the Brexit negotiations once article 50 is triggered. We all want the negotiations to produce a deal that works for both the UK and the EU, and Parliament must be involved in holding the Government to account in delivering that."

Click here to view the committee's report.

• Access to the single market is a key priority area from the Brexit process for businesses and industry in Scotland, according to the Scottish Parliament's European & External Relations Committee, which has published an initial report on the implications for Scotland. It found "deep concern" over the potential loss of access to the single market, and states that such access, with the absence of tariff and non-tariff barriers, "are important priorities for the Scottish Government in its discussions with the UK Government on the UK’s future relationship with the EU".