header-logo header-logo

02 May 2019 / Michael Zander KC
Issue: 7838 / Categories: Features , Brexit , EU , Constitutional law
printer mail-detail

Brexit: is MPs taking control a good or a bad thing?

Michael Zander considers the extremely controversial EU (Withdrawal) (No 5) Bill

  • Many argued that MPs taking control of the legislative process set a dangerous precedent; but is it what the exceptional circumstances of Brexit demanded?

The European Union (Withdrawal) Act 2019, which started as the European Union (Withdrawal) (No 5) Bill, will surely figure in the next edition of Erskine May: Parliamentary Practice . The Bill was rushed through all its parliamentary stages. Though very unusual, that has happened before. But what was unprecedented was to have a Private Members Bill running to a timetable set by backbenchers that reached the statute book despite the opposition of the government.

No such thing has ever occurred in the more than 100 years since 1902 when the House of Commons Standing Order giving precedence to government business was first established. The House of Lords Constitution Committee’s 2009 report on fast-track legislation did not even mention

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott strengthens Birmingham private client team with double appointment

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll