BREXIT: 'Limited scope' for amendments to government's Brexit bill, says expert

The European Union (Notification of Withdrawal) Bill has been published in response to this week's Supreme Court ruling that the government needs the agreement of both Houses of Parliament before it can begin the UK's withdrawal from the EU. The bill is concerned only with the exercise of the power to give notice to quit the EU, and not the ensuing negotiations.

Parliamentary rules for amendments mean that opponents will have "very limited scope" to seek to amend the bill, according to parliamentary agent and government affairs expert Robbie Owen of Pinsent Masons, the law firm behind Out-Law.com.

"This means that of the 50 amendments which the SNP say they will have, only a few are likely to be debated and considered," he said. "So, for example, an amendment seeking to guarantee a referendum on the final Brexit deal is likely to be regarded as going beyond the Bill's scope and so will not be selected for debate, whereas an amendment to consult the devolved governments before triggering article 50 could well be seen as in order."

"Nonetheless, with more than a nod to the constitutional significance of leaving the EU, the government has offered a generous timetable for debate in the Commons – two days to debate the principle next week, and three days for the detail of the two clauses and remaining stages the week after. The Commons is unlikely to test the government's patience by rejecting this, but the government could face considerably greater opposition in the House of Lords. With a fair wind, however, the bill should reach the statute books in time for the government’s objective of triggering article 50 by 31^st March to be met," he said.

The government has set itself a deadline of invoking article 50 of the Treaty on European Union (TEU) and beginning the formal two-year process of withdrawal from the trading bloc by the end of March. In a statement, Brexit secretary David Davis indicated that the bill would complete the parliamentary process and receive Royal Assent before this date.

"The British people have made the decision to leave the EU and this government is determined to get on with the job of delivering it," he said. "I trust that parliament, which backed the referendum by six to one, will respect the decision taken by the British people and pass the legislation quickly."

On Tuesday, the UK's Supreme Court ruled by a majority of eight judges to three that parliament must authorise notification of the UK's determination to leave the EU under article 50 of the Treaty on European Union (TEU). The 1972 European Communities Act (ECA) confers rights which must not be displaced by the exercise of the 'royal prerogative' by ministers, the judges said. 

However, the court ruled unanimously that the government is not legally obliged to consult the devolved administrations of Scotland, Northern Ireland and Wales before invoking article 50 of the TEU, which sets out the formal legal process by which a member state can leave the trading bloc.

If passed as drafted, the bill would give the UK prime minister the power to issue a notification of the UK's intention to withdraw from the EU under article 50 (2) of the TEU.

The bill is due to be debated for its second reading by the House of Commons on 31 January and 1 February, and will move to committee stage the following week.

Last week, UK prime minister Theresa May said that the UK would pursue a "bold and ambitious free trade agreement" with the EU as part of the Brexit negotiations, but that it would not be seeking continued membership of the single market. Continued single market membership would mean complying with EU rules and regulations, including free movement of workers, without having a vote on those rules and regulations, May said.

May confirmed the government's intention to produce a 'white paper' setting out its plans for the Brexit process in parliament yesterday.