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Brexit bill: Can Parliament change Theresa May's Article 50 legislation?

Theresa May's Article 50 bill will be discussed by MPs in a debate beginning on Tuesday

William James
Tuesday 31 January 2017 12:18 GMT
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The strikingly short Bill was met with protest from angry Labour MPs
The strikingly short Bill was met with protest from angry Labour MPs (Reuters)

MPs have submitted 60 pages of proposed changes to legislation published last week which will give Prime Minister Theresa May the authority to start Britain's exit from the European Union.

The Bill, consisting of only two clauses and less than 150 words in total, was drawn up after the Supreme Court ruled May could not trigger the legal 'Article 50' exit process without the approval of Parliament. Ms May wants to start the exit process by the end of March.

Below are the details of amendments submitted so far and how they will be discussed in parliament in a debate beginning on Tuesday.

KEY POINTS

- Amendments seek to change the meaning of the legislation, or attach additional conditions to it. These range from changing the purpose of the bill significantly to minor technical alterations.

- Any amendments will need to win approval in both houses of parliament, and as such are unlikely to pass unless a substantial number of the ruling Conservative party rebel against their leader. There has so far been no indication such a rebellion is likely.

- Ms May's Conservatives have an overall majority in the elected lower chamber of parliament, the House of Commons.

- The Conservatives do not have a majority in the unelected House of Lords.

- A 'Reasoned Amendment' seeking to scupper the legislation will likely be voted upon on Wednesday. It is not expected to win sufficient support to derail the Government's plans.

- The first batch of substantial amendments will then be debated in the House of Commons next week during a three day 'Bill Committee' debate due to start on 6 February. Votes are expected to be held during this stage.

- Not all proposed amendments will be debated, or will make it to a vote.

- There is currently a fixed timetable for the debate in the House of Commons. Amendments are not expected to slow this down. If there is insufficient time to debate amendments, they will be voted upon without debate.

- There is no fixed timetable yet in the House of Lords, but Labour and Conservative Party sources have said there is a willingness to ensure the legislation can be passed in time to trigger Article 50 by 31 March.

PROCESS

Any Member of Parliament (MP) can submit a proposal to change the bill which is formally known as the 'European Union (Notification of Withdrawal) Bill'.

These amendments are then grouped according to their aims by parliamentary officials ahead of the committee debate. Some are rejected on technical grounds such as being outside the scope of the original bill. The final say on which amendments are selected for debate will rest with deputy speaker Lindsay Hoyle.

These amendments are first discussed and voted upon at the committee stage of legislation under broad subject groupings.

If MPs vote in favour of a particular set of amendments, they are carried forward to the 'Report Stage' where they will be debated in more detail. Similar amendments are likely to be consolidated and redrafted at this stage and new amendments can also be introduced.

Amendments passed at this stage will be incorporated into the bill and subject to a final vote, after which it is then passed to the House of Lords, where it will undergo a similar process. Both houses must agree on the final draft, and the bill can be passed back and forth until they do.

PROPOSED AMENDMENTS

The amendments submitted so far have been grouped into the following categories:

1. PARLIAMENTARY SCRUTINY

Currently proposals include changes to ensure that the Government reports regularly to Parliament on its progress in exit negotiations with the EU, and calls for a debate prior to triggering Article 50 on whether Britain should remain a member of the EU's single market.

2. DEVOLVED ADMINISTRATIONS

These include creating a duty to consult the Scottish Parliament and demands for devolved administrations in Scotland, Northern Ireland and Wales to be given a greater say in agreeing Britain's negotiating aims.

3. VOTING ON BRITAIN'S FINAL EU EXIT DEAL

Ms May has promised to give MPs a vote on whether to accept the deal she has negotiated for Britain with the EU. Amendments to the bill include calls for more negotiating time if MPs reject her deal and even a second public referendum on the terms of the exit package.

4. IMPACT ASSESSMENTS

Some MPs want to change the bill to make the government publish their assessment of how different aspects of Britain's exit will affect various sectors such as climate change, equality and the public finances.

5. NEGOTIATING PRIORITIES

Several amendments in this large category seek to legislate to define what the Government can and cannot negotiate with the EU. Some seek to ensure the rights of EU nationals living in the UK are protected, others look to guarantee visa-free travel between Britain and the EU.

Some amendments call for the Government to publish a clear plan of its negotiating strategies.

Reuters

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