Brexit Secretary David Davis’ statement on Article 50

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at 2016.11.07
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Brexit Secretary David Davis' statement on Article 50

The government did not trigger Article 50 straight after the EU referendum vote, to give it more time to “develop a detailed negotiation position”, said David Davis, but the process cannot “drag on” and it would still be triggered by March 2017.

The Brexit Secretary was addressing MPs after the High Court ruling on Article 50, and said the government “disagrees with the court’s judgment”, and confirmed the decision to appeal against the ruling in the Supreme Court.

He expected the hearing to take place in early December, with a judgment “soon after”, but that it would “not be proper” to go in to details of the government’s case.

Mr Davis said there would must be no attempt to “rejoin by the back door”, and there would be no second referendum.

Published at Mon, 07 Nov 2016 17:22:01 +0000

The whole statement of Brexit Secretary David Davis can be viewed here:

For people with a visual disability the transcript of the video is below:
0:00 that’s provoking article 50 the
0:02 government’s priority at every stage
0:04 following the European Union referendum
0:06 has been to respect the outcome of that
0:08 referendum and and to ensure its
0:12 delivered on to leave the European Union
0:15 was a decision the British people it was
0:17 taken after a six to one vote in this
0:19 house to put that decision in their
0:21 hands as the government told what the
0:24 voters this is your decision
0:26 the government will implement what you
0:28 decide
0:29 no ifs no buts could be no going back
0:33 the point of no return was passed on to
0:35 23rd implement the decision to leave the
0:38 EU means following the right processes
0:41 we must leave in the way agreed in law
0:43 by the UK and other member states which
0:45 means following the process set out in
0:47 article 50 of the treaty on european
0:49 union and we’ve been clear about the
0:52 timing there was a good reason the
0:55 government did not take the advice of
0:56 some in this house on the twenty-fourth
0:58 of june and trigger article 15
1:00 immediately instead the Prime Minister’s
1:03 clear that she would not invoke Article
1:05 50 before the end of this year
1:07 this is giving us time to develop a
1:09 detailed negotiating position but also
1:12 said that the process should not drag on
1:14 and we intend to trigger article 50 by
1:16 the end of march next year
1:18 let me now turn to the issues at hand
1:19 this week legal action was taken to
1:22 challenge the government on the proper
1:23 process for triggering article 50 we’ve
1:26 always been of the clearview this is a
1:28 matter of the government that is
1:29 constitutionally proper and lawful to
1:31 give effect to the referendum result by
1:34 the use of prerogative powers
1:36 as I had said the basis of weeks
1:39 referendum was held with the government
1:40 will give affect the result of that
1:41 referendum that was the basis on which
1:44 people were asked to vote our argument
1:47 in the high court was that decisions on
1:48 making withdrawals and treaties are
1:50 clear examples they use the royal
1:52 prerogative and that Parliament while
1:54 having a role in the process which I’ll
1:55 come to as not constrained use the
1:58 property to a draw in the EU our
2:00 position the case is therefore the
2:01 government is entitled to invoke the
2:03 procedure set out in article 50 the
2:06 court has however come to a different
2:08 view and held the government does not
2:10 have the prerogative power to give
2:11 notice under article 15 of that
2:13 legislation authorizing it to do so
2:15 the court said the starting point was
2:18 the crown does not have power to vary
2:20 the law of the land using its
2:22 prerogative powers are less Parliament
2:24 legislated to the contract it held the
2:27 european communities act 1972 brought
2:30 rights arising under EU law into the law
2:33 of the United Kingdom and the Crown has
2:35 no probative power to withdraw from EU
2:37 because the effects of withdrawal will
2:39 be to take away those rights and to be
2:43 clear about this
2:44 we believe in and value the independence
2:47 of a judiciary the foundation on which
2:50 are real
2:57 I have to say the opposition I have a
2:59 little more ever a little more
3:00 background it now protected night
3:02 independence and they have given the
3:03 British government we we also value the
3:08 freedom of our press both these things
3:11 underpin our democracy and the
3:13 government disagrees with the court’s
3:15 judgment the court they cut the country
3:17 voted to leave the European Union in a
3:19 referendum approved by an act of
3:21 parliament our position remains that the
3:23 only means of living is through the
3:24 procedures set out in article 50 and
3:27 triggering article 50 is properly a
3:29 matter for the government using its
3:31 prerogative powers we will appeal as a
3:34 result we will appeal the high court’s
3:36 judgment of the Supreme Court are given
3:40 their appeal it would not be appropriate
3:41 to comment further on the details the
3:43 legal arguments and I’m sure the house
3:45 understands but let me say a brief word
3:48 about the process of the appeal we are
3:50 taken to necessary procedural steps
3:53 first the government’s been granted a
3:55 certificate to bypass the court of
3:57 appeal and leapfrog the case the Supreme
3:59 Court this will ensure that will be
4:02 larger appeal we heard directly in the
4:04 supreme court without further delay in
4:06 the courts second we will this week
4:08 applied to the substantive permission to
4:10 appeal to this prequel it’s likely that
4:13 any hearing will be scheduled in the
4:14 supreme court in early December we would
4:18 hope the judgment will be provided
4:20 soon after this time remains consistent
4:22 with our able to trigger article 50 by
4:24 the end of march next year we are now
4:27 preparing a submission Supreme Court the
4:29 usual way as i said it would not be
4:31 probably going to those in great detail
4:33 here today but the core of our argument
4:35 will remain that we believe its proper
4:37 lawful good for the government to
4:39 trigger article 50 by the use of
4:41 prerogative powers of course is also
4:44 litigation underway in Northern Ireland
4:46 this is considering a number of specific
4:49 specific issues linked to Northern
4:50 Ireland’s constitutional arrangements
4:51 the high court in belfast found the
4:54 governments favor on these points a
4:57 hearing in Belfast is being held
4:58 tomorrow to consider whether an appeal
5:01 by the claimants in this case should
5:02 also leapfrog Supreme Court and where
5:05 the issues are overlapped the English
5:06 course should remain stayed pending the
5:09 outcome the supreme court again it would
5:13 not be appropriate for me to say more on
5:15 this at that stage except to say that
5:17 the event of any appeal in the northern
5:18 ireland litigation the government were
5:21 bustling defend his position and for the
5:23 avoidance of doubt our viewers at the
5:25 legal timetable in relation to this case
5:27 in the event of an appeal should also be
5:29 consistent with our commitment to
5:31 notifying under Article 50 by the end of
5:33 march next year I said that because of
5:36 our people not going to detail on the
5:39 points raised here and raise the high
5:40 court’s judgment but let me set out some
5:42 fundamental principles of how we move
5:44 ahead
5:45 first of all our plan remains to invoke
5:47 Article 50 by the end of march we
5:49 believe the legal timetable will allow
5:51 for that second the referendum result
5:54 must be respected and delivered the
5:56 country vote to leave the European Union
5:57 in a referendum provided for by Act of
6:00 Parliament there must be no attempts to
6:02 remain inside the EU no attempts to
6:05 rejoin it through the back door
6:07 no second referendum
6:11 the country voted to leave the European
6:13 units of duty of the government to make
6:15 sure we do just that Parliament had it
6:18 say in legislating for the referendum
6:20 which it did in both houses with
6:22 overwhelming majorities in this house
6:23 and cross-party support the people have
6:26 spoken we intend to act on their
6:27 decision third irrespective of the
6:30 ongoing court process there is an
6:32 important role for Parliament Parliament
6:34 will have a central role in making sure
6:36 we find the best way forward and we’ve
6:39 been clear will be as transparent and
6:41 open as possible
6:42 there have already been there are
6:45 already being a number of debates and
6:47 parliamentary statements are brexit and
6:49 the Prime Minister’s pledge that process
6:51 will continue before article 50 is
6:53 invoked inform the house in October that
6:56 there will be a series of debates on
6:57 breaks in the government time the first
7:00 of those is this afternoon
7:02 this is on top of a number of other
7:04 debates and opportunities for truly the
7:07 new select committee on extremely you
7:09 have been established this provides
7:11 another place parliamentary scrutiny
7:13 about withdrawing the EU and the
7:14 committee I think we’ll be revisiting my
7:16 department tomorrow remember correctly
7:18 the government will bring forward
7:20 legislation next session that when
7:22 enacted will repeal the european
7:24 communities act on the day we leave the
7:25 EU this great repeal bill will end the
7:28 authority of EU law and return power to
7:30 united kingdom and we have been clearer
7:34 european union law will be transposed
7:36 into UK law at the time we leave
7:38 providing certain people workers
7:40 businesses and consumers this will be an
7:43 act of parliament which we intend to
7:45 have in place before the end of the
7:47 article 50 process it’s important to
7:49 remember the article 50 is the beginning
7:51 of the process is not the end as a
7:54 promise was made clear there will be
7:55 many opportunities for Parliament to
7:57 continue to engage government once
7:59 article 50 has been invoked and when
8:02 negotiations are concluded we will
8:04 observe in full all relevant legal and
8:06 constitutional obligations that apply
8:08 but there is a balance to be struck
8:10 between parliamentary scrutiny and
8:12 preserving a negotiating position which
8:15 is why the house
8:16 unanimously concluded last month the
8:19 process should be undertaken in such a
8:21 way that respects the decision of the
8:23 people united kingdom when they vote to
8:24 leave you the EU on twenty-third june
8:26 and does not undermine the negotiating
8:29 position of the government has
8:30 negotiations are entered into and will
8:34 give no quarter to anyone who are going
8:35 through the motions respecting the
8:36 outcome of the referendum in fact seeks
8:39 to thwart the decision Liberty so to
8:44 conclude we are disappointed by the
8:46 court’s judgment in this case we will
8:48 appeal that judgment Supreme Court and
8:51 none of this in any way diminishes our
8:53 determination to respect and deliver on
8:55 the outcome of the referendum to notify
8:57 under Article 50 by the end of march
8:59 next year we’re going to get on with
9:01 delivering on the mandate to leave the
9:03 European Union the best possible way for
9:04 UK’s national interest best for jobs
9:07 best for growth and best for investment

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