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Parliament 'very likely' to be asked to agree Brexit deal Parliament 'very likely' to be asked to agree Brexit deal
(about 3 hours later)
Parliament is “very likely” to be asked to ratify any future treaty agreement with the European Union, the high court has been told by lawyers for the government.Parliament is “very likely” to be asked to ratify any future treaty agreement with the European Union, the high court has been told by lawyers for the government.
The suggestion that MPs might ultimately be able to exert some control over the final Brexit settlement prompted the pound to surge immediately against the dollar in exchange markets.The suggestion that MPs might ultimately be able to exert some control over the final Brexit settlement prompted the pound to surge immediately against the dollar in exchange markets.
Details of parliament’s potential role emerged during the third day of a legal challenge over whether ministers or MPs have the power to give formal notification to Brussels that Britain is withdrawing under article 50 of the treaty on the European Union.Details of parliament’s potential role emerged during the third day of a legal challenge over whether ministers or MPs have the power to give formal notification to Brussels that Britain is withdrawing under article 50 of the treaty on the European Union.
Article 50 states that any member state may leave “in accordance with its own constitutional requirements”, an undefined term that has allowed both sides to pursue rival interpretations.Article 50 states that any member state may leave “in accordance with its own constitutional requirements”, an undefined term that has allowed both sides to pursue rival interpretations.
Three of the most senior judges – the lord chief justice, Lord Thomas of Cwmgiedd, the master of the rolls, Sir Terence Etherton, and Lord Justice Sales – are hearing the challenge, which will have far-reaching political and constitutional consequences.Three of the most senior judges – the lord chief justice, Lord Thomas of Cwmgiedd, the master of the rolls, Sir Terence Etherton, and Lord Justice Sales – are hearing the challenge, which will have far-reaching political and constitutional consequences.
Pressed by the lord chief justice on whether any agreement with the EU would eventually be subject to approval by parliament, James Eadie QC, for the government, confirmed that it was likely.Pressed by the lord chief justice on whether any agreement with the EU would eventually be subject to approval by parliament, James Eadie QC, for the government, confirmed that it was likely.
He added: “It is ultimately dependent upon the agreement of the parties to the treaty, whether they want it to be subject to ratification or not. But as I say, the view within government is that it is very likely that this treaty will be subject to ratification process in the usual way. Most of them are. It is a pretty rare event for the things to take effect immediately upon accession.”He added: “It is ultimately dependent upon the agreement of the parties to the treaty, whether they want it to be subject to ratification or not. But as I say, the view within government is that it is very likely that this treaty will be subject to ratification process in the usual way. Most of them are. It is a pretty rare event for the things to take effect immediately upon accession.”
That opinion was seized on by City traders as a sign that MPs might be able to prevent a hard Brexit, pushing the pound’s value up at one stage to $1.23 – a rise of almost 1%. Compared with its rate of $1.46 prior to the Brexit referendum, however, it was a small recovery.That opinion was seized on by City traders as a sign that MPs might be able to prevent a hard Brexit, pushing the pound’s value up at one stage to $1.23 – a rise of almost 1%. Compared with its rate of $1.46 prior to the Brexit referendum, however, it was a small recovery.
In the hearing, Eadie said: “Any such changes are a matter for future negotiations, parliamentary scrutiny, and implementation by legislation.” Scrutiny was likely to include parliament having to ratify any new treaty reached with the EU during the article 50 process.In the hearing, Eadie said: “Any such changes are a matter for future negotiations, parliamentary scrutiny, and implementation by legislation.” Scrutiny was likely to include parliament having to ratify any new treaty reached with the EU during the article 50 process.
Eadie said: “The government view at the moment it that it is very likely that any such agreement would be subject to ratification.”Eadie said: “The government view at the moment it that it is very likely that any such agreement would be subject to ratification.”
Judgment in the article 50 challenge is likely to be reserved for several weeks. Whichever side loses is likely to appeal to the supreme court to pursue the challenge.Judgment in the article 50 challenge is likely to be reserved for several weeks. Whichever side loses is likely to appeal to the supreme court to pursue the challenge.
Downing Street said the position set out in court was the view of the government.
“The point we were making in court today and counsel made clear is caveated with not yet knowing the shape and terms of our exit from the EU but that there will be obligations to meet with regard to the constitutional reform and governance act. We would consider the outcome against those obligations and meet them.”