Parliament will not be able to block launch of Brexit divorce talks, says Oliver Letwin
Cabinet Office Minister said government lawyers had advised that ‘Article 50’ could be triggered by the PM alone
PARLIAMENT will not be able to block the formal launch of EU divorce talks, Cabinet Office Minister Oliver Letwin declared yesterday.
The Brexit unit boss said government lawyers had advised that ‘Article 50’ could be triggered by No.10 alone when David Cameron’s successor takes their place.
But he admitted the decision could be delayed by a legal challenge in the courts.
And he said the issue may prove to be “academic” given that a Brexit would have to be confirmed by MPs and peers voting to repeal the 1972 European Communities Act.
Mr Letwin told the Foreign Affairs Committee the Treasury: “It is entirely a matter for the new administration to take how to conduct the entire negotiations, and obviously part of that decision is about when to trigger Article 50.
“I am advised that the Government’s lawyers’ view is that it clearly is a prerogative (special) power.” He added: “And from my experience Government lawyers, when they have a very definite view, turn out to be right.”
Crossbench peer Lord Butler, a former head of the civil service, immediately countered that if laws were needed to trigger Article 50, then Parliament should pass it.
And he insisted the British people should be allowed to have their say on Brexit talks with the EU through another Referendum or a General Election.
RELATED STORIES
Mr Letwin’s comments came as furious MPs told him in a Commons showdown that it was a “dereliction of duty” for the Government not to have made any contingency plans for a Leave vote before the Referendum result.
Foreign Affairs Committee chair Crispin Blunt accused the Minister of “gross negligence”.
Mr Letwin insisted it would not have been possible to construct a negotiating strategy in advance – and impose that on a new Prime Minister.
Told Mr Cameron’s shock resignation had left him “holding the baby”, Mr Letwin replied: “I can only say that the baby is being firmly held, and that my intention is that the baby should prosper, because I care about the baby in question.
“It is, in fact, our country.”
Law firm Mischon de Reya were revealed to be leading a legal challenge to prevent the government from triggering Article 50 without an act of Parliament.
Once Article 50 is activated, the UK would have to leave the EU within two years – unless all other member states consent to an extension.
Raoul Ruparel, co-director at the Open Europe think-tank yesterday said he believed it may not be in Britain’s interest to trigger the clause for over a year – given general elections in both France and Germany in 2017.