The European Union (Notification of Withdrawal) Bill was published on 26 January 2017 and will be debated in the House of Commons from 31 January to 8 February 2017. This House of Commons Library briefing paper analyses the Bill and its context; the current version includes new information on Euratom and on the proposed amendments. The Government has drafted the Bill very tightly, which makes it hard for changes to be made that might, for instance, delay or subvert the Government’s plans for Brexit. But there has nevertheless been much discussion about possible amendments. Several have already been tabled, for instance to require the Government to provide information to Parliament on the negotiations, and to require Parliament’s approval before the Government concludes a withdrawal agreement. Some Members are seeking to prevent the Bill from even passing its second reading, on various grounds. There are many opportunities for Parliamentary involvement in Brexit, with varying implications, at different stages – before triggering Article 50; whilst amending domestic law for when the EU Treaties no longer apply; when scrutinising the withdrawal negotiations; and on conclusion of a withdrawal agreement: 1) The Government has agreed to publish a White Paper on its negotiating strategy, although when and what it will contain are not clear, as well as to hold a number of Parliamentary debates before triggering Article 50. 2) This Bill represents the first of many changes to the statute book that will need to be made in order to give legal effect to the decision to leave the EU. Legislating for Brexit, through both primary and secondary legislation, is likely to be a multi-stage project. The next stage will be The Great Repeal Bill, which may also be followed by further consequential primary and secondary legislation. This activity will all need to be coordinated with the process of negotiating the terms of the UK’s withdrawal with the EU under Article 50. Both of those processes can only begin once this Bill is passed and the notification of the decision to leave is provided. 3 The Secretary of State for Exiting the EU has committed to ensuring that Members of Parliament are “at least as well informed as the European Parliament as negotiations progress”. It is not yet clear how well-informed the EP will be, but under an inter-institutional agreement with the European Commission, it has for instance been granted access to the “consolidated negotiating texts” of the TTIP negotiations. 4 The Government has also agreed to put the final withdrawal agreement to a vote in both Houses of Parliament before it comes into force. However, the implications of a ‘no’ vote are unclear, and Parliament is unlikely to be able to recommend changes to the agreement at that point. By way of comparison, the UK’s three bids to join the then EEC in the 1960s and early 1970s gave rise to six Government Papers on the legal, constitutional, historic, political, social and economic aspects of EEC membership. There were several days of debate on the principle of joining the Community, as well as debates on White Papers and the European Communities Bill itself.
European Parliament
