
A Government defeat in the House of Lords may give Parliament a greater role in negotiating Brexit, says Aaron Nelson
Peers recently voted in favour of an amendment to the Government’s flagship piece of Brexit legislation, the EU (Withdrawal) Bill, which would require the Government to obtain Parliament’s approval of the withdrawal deal and would enable Parliament, if it does not approve of the deal, to instruct the Government to re-open the negotiations.
Amendment 49
The amendment, moved by Viscount Hailsham (former Conservative Minister Douglas Hogg), builds on the sole defeat which the Government suffered in the Commons. A Conservative backbench rebellion there, led by Conservative MP and former Attorney General Dominic Grieve QC, saw the Bill modified to require primary legislation to be enacted approving the terms of the withdrawal agreement.
Viscount Hailsham’s amendment goes further:
- First, it requires the Government, before concluding the withdrawal agreement, to obtain Commons’ approval of it (and any transitional arrangements), and for the matter to have been considered by the Lords. So far as practicable, this is to take place before the European Parliament