Tag Archives: parliamentary sovereignty

Parliament on the brink of Brexit: meaningful or meaningless?

by Dr Andrew Blick
Senior Lecturer in Politics and Contemporary History at King’s College London; Senior Research Fellow at the Federal Trust

26th February 2019

It is an irony frequently remarked upon that the Brexit process, though embarked upon partly in the name of the sovereignty of Parliament, has seen this institution marginalised. Some of this exclusion from meaningful involvement in Brexit has been self-imposed. Parliament approved legislation, the European Union (Referendum) Act 2015, providing for an open-ended question to be put to the public which it subsequently accepted as producing a binding requirement, in some form, to leave the EU. It then provided the Prime Minister, through the European Union (Notification of Withdrawal) Act 2017, with the statutory authority required to trigger Article 50 of the Treaty on European Union, without attaching any conditions to the exercise of this power. Parliament has subsequently proved more effective at asserting that it should have power than actually exercising it. It has lately been willing to reject options it finds undesirable, most dramatically the deal secured by the UK government in negotiations with the EU. But even when expressing negative views, parliamentarians have voted in the same direction for different and opposing reasons. The imposition of a positive course of action – a function that is surely the essence of a ‘sovereign’ body – has not been attained.

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Parliamentary Control of Brexit is Easier Said Than Done

by Brendan Donnelly
Director, The Federal Trust

20th February 2019

A frequent criticism of the Prime Minister is that she prematurely triggered the Article 50 negotiations in March 2017 and did so without a realistic plan for their conduct. If she had waited longer and planned better, her critics contend, she could have negotiated a more acceptable Withdrawal Agreement and Political Declaration than the texts she is now having such difficulty steering through Parliament.  It is certainly true that Theresa May began the Brexit negotiations with no realistic plan. But no amount of delay and no amount of planning would have allowed her ever to achieve results acceptable to a majority of “Leave” voters and their Parliamentary sympathisers, let alone to the electorate or to Parliament as a whole. “No deal” was from the beginning the most likely outcome. The contradictory and unrealisable expectations reposed in “Brexit” could never lead to an outcome with which its partisans would be satisfied.

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Brexit: A “meaningful” vote for MPs implies a “meaningful” vote for the people

by Brendan Donnelly, Director, The Federal Trust

18th May 2018

 

The Conservative Cabinet has spent the past month in public controversy about the customs regime to be applied on the island of Ireland after Brexit. It is widely recognised that neither of the two favoured solutions canvassed within the Cabinet, a “customs partnership” and “maximum facilitation”, is acceptable to the European Union. Less widely understood has been the fact that this purely British debate ignores entirely the much more urgent Irish issue, namely the finding of an acceptable text for the “backstop” guarantee sought by the Irish government that intra-Irish trade (and broader social exchanges) will in all circumstances continue to flow freely after Brexit. Even full British participation in a Customs Union with the EU would not be sufficient to guarantee this freedom. The Irish government rightly points out that substantial elements of the European internal market would need to be retained in Northern Ireland as well, a reality for which the British government appears as yet wholly unprepared. Continue reading Brexit: A “meaningful” vote for MPs implies a “meaningful” vote for the people