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Commons vote to ratify Brexit deal likely, says No 10 Commons vote to ratify Brexit deal likely, says No 10
(about 2 hours later)
Downing Street has said it is "very likely" MPs will be able to vote on the final Brexit agreement reached between the UK and the European Union.Downing Street has said it is "very likely" MPs will be able to vote on the final Brexit agreement reached between the UK and the European Union.
A government lawyer made the comment in the High Court and No 10 confirmed it was the "government's view that is being represented". Number 10 confirmed the comment by a government lawyer in the High Court represented the "government's view".
The vote would take place after negotiations have taken place and with Brexit already triggered using Article 50 of the Lisbon Treaty.
Campaigners have been calling for a vote before Article 50 is triggered.
Open Britain, formerly the Remain campaign, said the government's comments were an "encouraging sign" but renewed calls for a debate and vote earlier in the process, before Article 50 begins two years of formal negotiations.
The UK is expected to leave the European Union in 2019.The UK is expected to leave the European Union in 2019.
The deal reached is expected to deal with migration controls and whether the UK remains in the single market. Prime Minister Theresa May opposes a vote before Article 50, saying those calling for one are "trying to subvert" the outcome of June's referendum.
BBC assistant political editor Norman Smith said the government's move to allow a vote after an agreement has been negotiated with the EU was unlikely to satisfy critics of Prime Minister Theresa May's approach to Brexit. The issue is currently the subject of a landmark legal challenge, with the government defending what it says is its right to invoke Article 50 without Parliamentary approval.
They are pressing for a parliamentary vote before she begins negotiations next spring - but Mrs May opposes this, saying ministers should decide when to trigger Article 50 of the Lisbon Treaty, which begins the two years of talks. Analysis by BBC political correspondent Ben Wright
Norman Smith said the latest government comments raised the possibility that any deal negotiated by Mrs May could be rejected by Parliament. It's the question pre-occupying many MPs as Britain prepares to leave the EU. What role will they have in shaping and approving the final withdrawal deal the UK reaches with Brussels? Theresa May plans to begin talks with the EU by the end of March and negotiations will last for two years.
The government is currently fighting a legal case over whether Parliament should have a vote before Article 50 is triggered. The government's legal team have now clarified what they believe happens then.
James Eadie QC said it was "very likely" the UK and the EU would agree a new treaty that would have to be ratified by Parliament.
A law passed in 2010 gave MPs the power to block a treaty indefinitely. But in practice, would Parliament at that point derail the UK's withdrawal agreement with the EU?
David Pannick QC, acting for one of the claimants in the High Court case, said even if Parliament refused to approve the final Brexit deal, the UK would have to leave the EU anyway - with or without an agreement. That is why, he argued, parliament needed to vote before formal talks began.
Judges who heard the case said they would give their decision "as quickly as possible". An appeal to the Supreme Court later in the year is expected, whatever the outcome.
During the High Court hearing, government lawyer James Eadie QC moved on to what was likely to happen at the end of the negotiations, in 2019, saying: "The government view at the moment is it is very likely that any such agreement will be subject to ratification."During the High Court hearing, government lawyer James Eadie QC moved on to what was likely to happen at the end of the negotiations, in 2019, saying: "The government view at the moment is it is very likely that any such agreement will be subject to ratification."
If this vote ends with MPs rejecting the Brexit deal, the UK would still leave the EU, Lord Pannick, who is acting for the campaigners challenging the government, told the court.If this vote ends with MPs rejecting the Brexit deal, the UK would still leave the EU, Lord Pannick, who is acting for the campaigners challenging the government, told the court.
"Parliament cannot reverse the notification," he said."Parliament cannot reverse the notification," he said.
The UK would either leave with no agreement or reach a new one, he said, adding: "But the new agreement cannot restore the rights that are irretrievably lost, and whether there is a new agreement is out of the hands of Parliament."The UK would either leave with no agreement or reach a new one, he said, adding: "But the new agreement cannot restore the rights that are irretrievably lost, and whether there is a new agreement is out of the hands of Parliament."
UK voters opted in favour of leaving the EU by 51.9% to 48.1% in a referendum in June.UK voters opted in favour of leaving the EU by 51.9% to 48.1% in a referendum in June.
The three-day High Court hearing ends on Tuesday.