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Theresa May might use fast-track process to sidestep full scrutiny of Brexit plans, minister signals

The High Court has ruled Theresa May cannot trigger Brexit talks without a vote in Parliament 

Joe Watts
Political Editor
Monday 07 November 2016 06:20 EST
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Theresa May might use fast-track process to sidestep full scrutiny of Brexit plans, minister signals

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Theresa May could try to dodge detailed debate in Parliament on her Brexit plans by asking MPs to vote on a mere "resolution" to trigger EU talks, a cabinet minister has revealed.

Damian Green refused to rule out the possibility, which could allow Ms May to ensure Brexit talks are triggered in a single day rather than the fuller amount of time for scrutiny that a new Bill would require.

It comes after campaigners won a court ruling to prevent the Prime Minister unilaterally triggering Article 50 of the Lisbon Treaty, which officially launches Brexit talks. Judges instead concluded Parliament would have to vote on the matter.

The Government will challenge the ruling in the Supreme Court next month, but reports have emerged today suggesting ministers are pushing Ms May to fast-track the parliamentary process with the resolution if the appeal fails.

Asked whether the Government could bring forward a simple one-line motion for Parliament to vote on instead of a Bill, Work and Pensions Secretary Mr Green said it was "impossible" to say before the Supreme Court verdict.

Speaking to BBC radio he said: "I think the parliamentary process hasn't yet been decided and [it will be decided] after, for a start, the Supreme Court makes its decision.

"Because if the Supreme Court disagrees with the High Court and agrees with the Government then we can proceed as before."

High Court rules Government cannot trigger Article 50 without parliamentary approval

Mr Green’s comments contradicted those made by Brexit Secretary David Davis, who said a full Act of Parliament would be needed if the Government is unable to trigger Brexit unilaterally.

However, a senior minister told The Times last night: "We are having a debate about this potential alternative. My own view is that it would be very simple and straightforward to have a resolution."

In a September report, the Lords Constitution Committee found: "A resolution stating Parliament’s approval for the triggering of Article 50 could be agreed by the Commons or both houses far more swiftly than the passage of a bill to the same effect."

Former Attorney General Dominic Grieve has argued that a resolution would be insufficient in the face of the court ruling against the use of prerogative powers.

Shadow Brexit Secretary Keir Starmer said Labour would not "frustrate" any plan to trigger Article, but would still seek a full debate over the Government's negotiating strategy.

He said: "We will not simply vote down Article 50 but we will insist that the basic plan is put before Parliament for debate because what the Prime Minister is trying to do is avoid all scrutiny."

The Liberal Democrats have also vowed to vote down any parliamentary attempt to trigger Article 50 if it does not pledge a 'soft Brexit', with access to the single market, or promise a second referendum on the final withdrawal deal.

The SNP’s Michael Russell said he could not imagine any circumstances in which his party’s MPs would vote to invoke Article 50.

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