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Jo Maugham QC @JolyonMaugham
, 4 tweets, 1 min read Read on Twitter
Have at last looked at section 13 of the Withdrawal Act. Pretty clear to me that, now there is a negotiated Withdrawal Agreement, all but one of the PM's legal obligations under section 13 have fallen away. /1
The remaining obligation is that under section 13(2): for the motion to approve the Withdrawal Agreement and Framework to be debated by the Commons before the EU Parliament decides whether it consents to the Withdrawal Agreement. But! /2
Will the EU Parliament need to decide whether it consents to the Withdrawal Agreement if our Parliament hasn't (and likely wouldn't)? And would a court regard the obligation in section 13(2) to be justiciable in light of the principle of Parliamentary Privilege? /3
There may be answers to my questions at 3. But if you're banking on the courts coming to Parliament's rescue, well, I'm glad you're not my banker. The solution (imo) will have to be a political one. /END
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