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Could Brexit negotiations stall?

16 June 2017
Issue: 7750 / Categories: Legal News
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Government could be forced to request a break in Brexit negotiations

The government could be forced to request a break in the Brexit negotiations if the relationship between the Conservatives and the Democratic Unionist Party (DUP) sours, a constitutional expert has warned.

A ‘confidence and supply’ agreement between the two parties is currently being negotiated, amid mounting speculation that the Queen’s Speech, scheduled to take place on 19 June, may need to be postponed. Whether or not it is, the UK is due to begin its Brexit negotiations on the same day.

Writing in this week’s NLJ, Neil Parpworth, Leicester De Montfort Law School, says: ‘If this informal relationship falters and “significant doubt” emerges as to the government’s ability to command the confidence of the House of Commons, The Cabinet Manual is clear that restrictions on government activity will apply.

Since this would entail observing “discretion in initiating any action of a continuing or long-term character”, it would clearly affect the government’s ability to continue negotiating with the EU. Thus, although the clock continues to tick following the triggering of Article 50, it is possible that the UK government may be forced to request that it be stopped sometime before March 2019, especially if another general election becomes necessary.'

Meanwhile, David Lidington, MP for Aylesbury, has replaced Elizabeth Truss as Lord Chancellor, in the prime minister’s cabinet reshuffle. Truss becomes the new Chief Secretary to the Treasury, and will attend cabinet. Lidington was previously Leader of the Commons, and served as Europe minister under Prime Minister David Cameron. According to the website, They work for you , which lists MPs’ voting records, Lidington campaigned to remain in the EU and voted against same-sex marriage. He is in favour of repealing the Human Rights Act 1998, putting him on a potential collision course with groups representing lawyers.

Nevertheless, he received warm congratulations from both the Bar Council and Law Society. Lidington said he looked forward to ‘working with the Lord Chief Justice and his fellow judges in the months ahead, to ensure that justice is fairly administered and robustly defended’.

Issue: 7750 / Categories: Legal News
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