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European Union (Withdrawal) Act 2018

Contents

Section 13: Parliamentary approval of the outcome of negotiations with the European Union

  1. Section 13 sets out Parliament’s oversight of the outcome of the UK Government’s negotiations with the EU under Article 50(2) of the TEU.
  2. Subsection (1) provides that the withdrawal agreement may only be ratified if a number of conditions are met. These are as follows:
    • a Minister of the Crown has laid before each House of Parliament a statement that political agreement has been reached, a copy of negotiated withdrawal agreement, and a copy of the framework for the future relationship (these terms are defined in subsections (15) and (16));
    • the negotiated withdrawal agreement and the framework for the future relationship have been approved by a resolution of the House of Commons;
    • a motion for the House of Lords to take note of the negotiated withdrawal agreement and the framework for the future relationship has been tabled in the House of Lords by a Minister of the Crown and:
      • the House of Lords has debated the motion, or
      • the House of Lords has not concluded a debate on the motion before the end of the period of five Lords sitting days (defined in subsection (16)) beginning with the first Lords sitting day after the day on which the House of Commons passes the resolution mentioned in subsection in paragraph (b) of this subsection (outlined in the bullet point above); and,
      • an Act of Parliament has been passed which contains provision for the implementation of the withdrawal agreement.
  3. Subsection (2) provides that, so far as practicable, a Minister of the Crown must make arrangements for the motion mentioned in subsection (1)(b) (on a resolution to approve the negotiated withdrawal agreement and the framework for the future relationship) to be debated and voted on by the House of Commons before the European Parliament decides whether it consents to the withdrawal agreement being concluded on behalf of the EU in accordance with Article 50(2) of the TEU.
  4. Subsection (3) sets out the circumstance in which subsection (4) applies, which is that the House of Commons decides not to pass the resolution mentioned in subsection (1)(b) (which is the resolution to approve the negotiated withdrawal agreement and the framework for the future relationship).
  5. Subsection (4) provides that a Minister of the Crown must, within the period of 21 days beginning with the day on which the House of Commons decides not to pass the resolution mentioned in subsection (1)(b), make a statement setting out how Her Majesty’s Government proposes to proceed in relation to negotiations for the United Kingdom’s withdrawal from the EU under Article 50(2) of the TEU.
  6. Subsection (5) sets out the format of a statement made under subsection (4), saying that it must be made in writing and be published in such manner as the Minister making it considers appropriate.
  7. Subsection (6) provides that a minister of the Crown must make arrangements for:
    • a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in subsection (4) (on how the Government proposes to proceed in relation to negotiations), to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the statement is made; and
    • a motion for the House of Lords to take note of the statement to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the statement is made.
  8. Subsection (7) sets out the condition on which subsection (8) is predicated, which is that the Prime Minister makes a statement before the end of 21st January 2019 that no agreement in principle can be reached in negotiations under Article 50(2) of the TEU on the substance of:
    • the arrangements for the UK’s withdrawal from the EU; and
    • the framework for the future relationship between the EU and the UK after withdrawal.
  9. Subsection (8) provides that, if the condition in subsection (7) is met, a Minister of the Crown must, within the period of 14 days beginning with the day on which the statement mentioned in subsection (7) is made:
    • make a statement setting out how Her Majesty’s Government proposes to proceed; and
    • make arrangements for:
      • a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in paragraph (a) of this subsection (on how the Government proposes to proceed), to be moved in the Commons by a Minister of the Crown within the period of 7 Commons sitting days beginning with the day on which the statement is made, and
      • a motion for the House of Lords to take note of the statement mentioned in paragraph (a) of this subsection (on how the Government proposes to proceed) to be moved in the Lords by a Minister of the Crown within the period of 7 Lords sitting days beginning with the day on which the statement is made.
  10. Subsection (9) sets out the format of a statement made under subsection (7) or (8)(a), providing that it must be made in writing and be published in such manner as the Minister making it considers appropriate.
  11. Subsection (10) sets out the condition on which subsection (11) applies, which is if by the end of 21st January 2019 there is no agreement in principle in negotiations under Article 50(2) of the TEU on the substance of:
    • the arrangements for the UK’s withdrawal from the EU; and,
    • the framework for the future relationship between the EU and the UK after withdrawal.
  12. Subsection (11) provides that, if the condition in subsection (10) is met, a Minister of the Crown must, within the period of 5 days beginning with the end of 21st January 2019:
    • make a statement setting out how Her Majesty’s Government proposes to proceed; and,
    • make arrangements for:
      • a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in paragraph (a) of this subsection (on how the Government proposes to proceed), to be moved in the Commons by a Minister of the Crown within the period of 5 Commons sitting days beginning with the end of 21st January 2019, and
      • a motion for the House of Lords to take note of the statement mentioned in paragraph (a) of this subsection (on how the Government proposes to proceed) to be moved in the Lords by a Minister of the Crown within the period of 5 Lords sitting days beginning with the end of 21st January 2019.
  13. Subsection (12) sets out the format of a statement made under subsection (11)(a), providing that it must be made in writing and be published in such manner as the Minister making it considers appropriate.
  14. Subsection (13) sets out that the statements under subsections (4), (8)(a) or (11)(a) may be combined with one another, as can the corresponding Commons motions (6)(a), (8)(b)(i) and (11)(b)(i), and the corresponding Lords motions (6)(b), (8)(b)(ii) and (11)(b)(ii).
  15. Subsection (14) sets out that this section does not affect the operation of Part 2 of the Constitutional Reform and Governance Act 2010 (ratification of treaties) in relation to the withdrawal agreement, which sets out the method by which international treaties are ratified in the UK.
  16. Subsections (15) and (16) contain a number of definitions for terms used in this section.

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