David Davis

Breaking Whispers: Article 50 Bill passed for final commons reading

Within the last hour MP’s have voted overwhelmingly in favour of passing the governments European Union (notification of withdrawal) bill to the final stage of debate in the House of Commons.

The final stage, comprising a third reading of the bill was approved by a commons vote of 494 votes for to 122 votes against- a majority of  372.

What happens at a third reading?

  • Debate on the Bill is usually short, and limited to what is actually in the Bill, rather than, as at second reading, what might have been included.
  • Amendments (proposals for change) cannot be made to a Bill at third reading in the Commons.
  • At the end of the debate, the House decides (votes on) whether to approve the third reading of the Bill.

After that if the bill is approved, it passes to the House of Lords for its first reading and debate. Once the bill passes in the House of Lords it moves forward for Royal Assent and will eventually become law.

Why is this significant?

The passage of the bill into the third stage of reading stops opposition parties from tabling amendments which could derail the governments Brexit agenda.

Many amendments to the bill have been tabled as part of the second reading and have been successfully defeated in subsequent parliamentary votes.

Its a crucial victory in the governments timetable of a 31st March triggering of Article 50 and the commencement of the UK leaving the EU.

Commons Reaction

david-davis-boris-johnson-e1476175519793David Davis, Secretary of State for Brexit released the following statement after the vote:

“We’ve seen a historic vote tonight – a big majority for getting on with negotiating our exit from the EU and a strong, new partnership with its member states.

It has been a serious debate, a healthy debate, with contributions from MP’s representing all parts of the UK, and I respect the strong views on all sides.

The decision on EU membership has been made by the people we serve. It is now time for everyone, whichever way they voted in the Referendum, to unite to make a success of the important task at hand for our country.”

Former UKIP leader Nigel Farage immediately took to Twitter to express his delight at the positive vote:

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Gisela Stuart, the Labour MP who chaired the Vote Leave campaign said: “This bill has passed with significant majorities unamended which is a clear signal to the House of Lords that they should do the same.”

The vote was not without some controversy however, as Shadow Business Secretary Clive Lewis resigned his post in order to defy the Labour parties three line whip and vote against passing the bill.

Newly elected Labour MPs

Mr Lewis, a key ally of Jeremy Corbyn issued a statement via the party saying: “When I became the MP for Norwich South, I promised my constituents I would be ‘Norwich’s voice in Westminster, not Westminster’s voice in Norwich’. I therefore cannot, in all good conscience, vote for something I believe will ultimately harm the city I have the honour to represent, love and call home.”

4c71bc1669a2e0dbf91fe4f69ebeef74Mr Corbyn said he understood the difficult position of some of his MP’s but said they had been ordered to back the Article 50 because the party would not “block Brexit”.

Shadow home secretary Diane Abbott, who was widely derided after she missed last week’s initial vote on the bill due to a migraine, backed it this time, saying: “I’m a loyal member of the shadow cabinet and I’m loyal to Jeremy Corbyn.”

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Brexit White Paper: Government sets out life after EU

David Davis the Secretary of State for Brexit has today unveiled a government white paper on Brexit.

The paper outlines the governments 12 principles required for a successful exit from the European Union.

The move comes just twenty-four hours after the Government’s successful vote to adopt the European Union (notification of withdrawal) bill.

Mr Davis said that the UK’s  “best days are still to come”, outside the EU.

Key points from the white paper include:

  • Trade: The government has reasserted its position that the UK UK will withdraw from the single market, with the eventual aim of seeking a new customs arrangement and a free trade agreement with the EU.
  • Immigration: A new system to control EU migration into the UK will be introduced, and could be phased in to give businesses vital time to prepare for the new rules.
  • British citizens living abroad and EU citizens living in the UK: The paper confirms that the government wishes to secure an agreement with the EU to guarantee the rights of EU nationals in the UK and those Britons living in Europe.
  • Sovereignty: Under the proposed plan, Britain will exit from the jurisdiction of the European Court of Justice but seek to set up its own legal framework to cover things like trade disputes and employment legislation.
  • Border: The government are aiming for “as seamless and frictionless a border as possible between Northern Ireland and Ireland.”
  • Devolution: As more powers come back to the UK from the EU in the negotiating process, the government have confirmed that it will look to give more powers to Scotland, Wales and Northern Ireland. It is a move that it hopes will placate the predominantly remainer nations.
  • Security:  The document confirms that the UK will seek to continue working with the EU “to preserve UK and European security and to fight terrorism and uphold justice across Europe”. This will include remaining in Interpol, the European Arrest Warrant and cross border information sharing initiatives.

The white paper says the government aims to deliver “a smooth, mutually beneficial exit” but says this will require “a coherent and coordinated approach on both sides”.

The paper also reasserts the governments commitment that Article 50 will be triggered no later than the end of March.

Labour have criticised the white paper, saying that it “means nothing” and argued that it had been produced too late for meaningful scrutiny.

The criticism of the timing of the paper was echoed by leading Scottish National Party MP Steven Gethins who took to twitter to voice his disapproval.

The white paper will now pass to the committee stage of becoming a law, which allows for amendments to be made before it passes to the House of Lords for an upper chamber vote.

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“Taking control of our own laws”: David Davis, speaking earlier today in Parliament

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Breaking Whispers- Supreme Court rules no Brexit without Parliament approval

The UK Supreme Court has overwhelmingly rejected the Governments appeal to trigger Article 50 without Parliamentary vote in its ruling earlier today.

The ruling follows the earlier defeat of the Government in the high court in November and means it cannot use prerogative powers to trigger article 50 of the treaty of Lisbon, beginning Britain’s exit from the EU.

Eleven of the Twelve Supreme Court justices sat in on the case, with the ruling passing by a vote of 8 to 3 in favour of dismissing the appeal of the earlier high court decision.

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Lord Justice Neuberger delivering the courts ruling earlier today

In his summarising remarks, Lord Justice Neuberger said “Section 2 of the 1972 [European Communities] Act provides that, whenever EU institutions make new laws, those new laws become part of UK law. The 1972 act therefore makes EU law an independent source of UK law, until parliament decides otherwise.

Therefore, when the UK withdraws from the EU treaties, a source of UK law will be cut off. Further, certain rights enjoyed by UK citizens will be changed. Therefore, the government cannot trigger article 50 without parliament authorising that course.”

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Gina Miller speaking outside the Supreme Court Earlier today after the courts decision

Gina Miller, the campaigner who led the legal challenge against the Government welcomed the ruling saying “No prime minister, no government can expect to be unanswerable or unchallenged. Parliament alone is sovereign.”

In the wake of the Supreme Courts ruling David Davis, the governments minister in charge of exiting the EU delivered the government’s response in a parliamentary statement in which he announced the publication of a ‘straightforward’ Brexit bill to be put before Parliament in the coming days.

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David Davis announced a new Brexit bill would be put to the house within days

Addressing the ruling directly, Mr Davis said “This will be the most straightforward bill possible to give effect to the decision of the people and respect the supreme court’s judgement.”

He later reasserted the Government’s commitment to triggering Article 50 at the end of March saying that “This timetable has already been supported by this house.”

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Shadow Brexit Secretary Sir Keir Starmer has called for greater transparency on Brexit

Labour’s shadow secretary for exiting the EU, Keir Starmer has called for the government to publish a white paper on Brexit saying “Labour accepts and respects the referendum result and will not frustrate the process. But we will be seeking to lay amendments to ensure proper scrutiny and accountability throughout the process. That starts with a white paper or plan. A speech is not a white paper or plan, and we need something to hold the government to account throughout the process. You can’t have a speech as the only basis for accountability for two years or more.”

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The Supreme Court said relations with the EU are “reserved to the UK government and parliament, not to the devolved institutions”

The Supreme Court has also ruled that UK ministers are not obliged to consult with the devolved administrations in Scotland, Wales and Northern Ireland during the Brexit negotiations. The Judges added that “the devolved legislatures do not have a veto on the UK’s decision to withdraw from the EU.”

However the Government has said that it will include all of the devolved administrations in its deliberations in a move which will it hopes quell the dissent that is bound to occur in both the Scottish Parliament and the Northern Ireland Assembly.

While many will question the need for this case, given the government’s willingness to include Parliament in the Brexit process (as indicated by Theresa May’s speech last Tuesday)  this writer regards the ruling as a victory for the British legal system in asserting the rights of its people.

Also, the case bought by Ms Miller and her compatriots has undoubtedly forced the government to rethink its position on Parliamentary inclusion in the negotiations with Mrs May’s speech and today’s Brexit bill being the natural result.