Lords amend Brexit Bill to demand parliament has final say on exit deal
Government expresses disappointment, saying amendment weakens its ability to negotiate for the best deal
The House of Lords has inflicted a second blow on the UK government’s EU exit plans by adopting a Brexit Bill amendment giving a ‘meaningful vote’ to parliament on the final divorce deal.
The lords voted by a majority of 98 to include a change to the bill saying that when a deal emerges from the Brexit negotiations, the prime minister may not conclude the deal unless it gains the approval of both houses of the UK parliament. This approval shall be required before the deal is debated and voted on by the European Parliament, the amendment says.
It adds that prior approval of both houses shall also be required in relation to any future deal on the UK/EU trading relationship if this is negotiated separately.
Brexit Minister David Davis has already said that the government will now aim to overturn this amendment – and a previous one safeguarding the rights of EU citizens in the UK – when the bill returns to the House of Commons next week.
The government wants the bill to remain in its shortest and simplest form possible, simply giving the prime minister power to trigger article 50 by telling the EU that the UK wants to leave.
He said: “It is disappointing that the House of Lords has chosen to make further changes to a bill that the Commons passed without amendment. It has a straightforward purpose – to enact the referendum result and allow the government to get on with negotiating a new partnership with the EU.”
The government’s white paper on Brexit had already said parliament would be given a vote on the deal, however this was not formalised by inclusion in the bill.
Conservative peer Lord Heseltine, who was one of 13 Tory ‘rebels’ to vote for the amendment and has now reportedly been sacked from an advisory role to the government as a result, said: “Everyone in this house knows that we now face the most momentous peacetime decision of our time. And this amendment secures in law the government’s commitment to ensure that parliament is the ultimate custodian of our national sovereignty.
“It ensures that parliament has the critical role in determining the future that we will bequeath to generations of young people.”
Baroness Smith (Labour) said it was only appropriate that parliament have the “final say” because the sovereignty of the UK parliament was a key part of the Leave campaign.
Even so, doubt remains over whether or not once triggered, article 50 is reversible.
A government minister, Lord Bridges, said: “We will leave with a deal or we will leave without a deal. That is the choice on offer.”
He added that the amendment would weaken the government’s ability to negotiate for the best deal.
In practice it is possible that rather than vetoing Brexit, or obliging renegotiation on a better deal, if parliament refuses to OK the deal the UK may leave with none in place, the “hardest” possible Brexit and with no guarantees for expats’ rights.
British barrister Jolyon Maugham has launched a case in the High Court of Ireland which seeks to obtain a ruling from the European Court on this point.
Liberal Democrat peers voted against the Brexit Bill in its third reading in the Lords yesterday, after a Lib Dem amendment calling for a second referendum on the final deal was voted down.
This comes as UK chancellor Philip Hammond prepares to announce a budget expected to help Britain prepare for Brexit. He has already said he want to build up a £60billion ‘war chest’ by 2020 to help the country cope with any negative effects.
