The Government has published Article 50 bill to authorise Brexit

Categories: Brexit

Michael Coyle
January 28, 2017

In the Supreme Court the law lords found that the correct interpretation of the European Communities Act 1972 entails that the only way in which the UK could withdraw from the EU treaties was by way of a prior Act of Parliament.

The bill, states that not surprisingly the prime minister may notify the EU of the UKÂs intention to withdraw from the EU Âdespite any provision made by or under the European Communities Act 1972 or any other enactmentÂ.

The five paragraph bill named the European Union (Notification of Withdrawal) Bill has been written in a water tight fashion, to prevent amendments by hostile MPs. However, Kier Starmer, shadow Brexit secretary has announced that Labour have a series of amendments in the pipeline. One of the amendments is a requirement for a vote in parliament before the government may agree the withdrawal from the EU.

Whilst on the other hand, David Davies the Brexit secretary has said that he hopes that parliament would Âpass the legislation quicklyÂ. The plan is for Theresa May to trigger Article 50 in March to start the UKÂs formal withdrawal of the EU.

However, this has come with criticism, there have been complaints that this swift time table will not allow for enough time for the bill to be scrutinised and amended. This is in comparison to other EU treaties, for example the Maastricht Treaty received approximately 30 days of debates in the Commons.

The week starting 20 February, is the week that the draft bill is expected to enter the Lords. This means that if the swift timescale is adhered to the legislation may receive Royal Assent on March 13.

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Written By:

Michael Coyle

Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales. He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law. Michael is highly regarded for his work in all areas of intellectual property law (which includes the eCommerce and IT fields), litigation and company/commercial matters. He regularly advises on non-contentious issues including regulatory and statutory obligations and has been involved in many successful disputes, with a strong reputation for finding common sense and practical solutions for clients. In 2017, Michael was awarded the honorary degree of Doctor of Law from Southampton Solent University for his contribution to the University and his continued support to its students.