MPs and peers will not get vote on triggering Article 16

Ben Riley-Smith
·4 min read
Boris Johnson said he still had hopes that a deal could be reached to ease trade tensions in Northern Ireland, but reiterated Article 16 was an option being considered - Olivier Hosley/EPA-EFE/Rex
Boris Johnson said he still had hopes that a deal could be reached to ease trade tensions in Northern Ireland, but reiterated Article 16 was an option being considered - Olivier Hosley/EPA-EFE/Rex

MPs and peers will not get a vote on whether to trigger Article 16 before it is used, under government plans to take the move if Brexit talks fail.

Multiple government sources close to the preparations have told The Telegraph that the approval of the House of Commons and House of Lords is not required.

They argue that Article 16, which would temporarily suspend sections of the Northern Ireland Protocol, is part of an international treaty and, therefore, the remit of government ministers.

However, frontbench figures from Labour and the Liberal Democrats have called for the Government to abandon the position and promise to hold a vote before any triggering of Article 16.

Louise Haigh, the shadow Northern Ireland secretary, said the position was “unsustainable”, while Ed Davey, the Liberal Democrats leader, warned it would “ride roughshod over conventions”.

Louise Haigh, the shadow Northern Ireland secretary, accused ministers of excluding the voices of people in Northern Ireland from talks on the Protocol - Jonathan Brady/PA Wire
Louise Haigh, the shadow Northern Ireland secretary, accused ministers of excluding the voices of people in Northern Ireland from talks on the Protocol - Jonathan Brady/PA Wire

Government sources stressed they were confident of winning a vote if needed, but currently did not plan to hold one.

Article 16 is contained in the Northern Ireland Protocol, part of the Brexit Withdrawal Agreement that dictates how trade in Northern Ireland should take place with the UK outside of the European Union.

It agreed to waive the need for checks between Northern Ireland and the Republic of Ireland, which remains in the EU, at the land border in return for customs checks on goods travelling from Great Britain into Northern Ireland.

Government ministers believe that the arrangement, which came into effect at the start of the year, has undermined the integrity of the UK and are prepared to trigger Article 16, which gives London or Brussels the right to suspend parts of the Protocol.

For months now, Boris Johnson’s government has been warning that the requirements have been met for taking the move and, with talks ongoing, a decision on whether to trigger it is expected at the end of the month.

Declining to get the approval of MPs and peers before triggering Article 16 would likely lead to a major political row in the UK, given past clashes about Parliament, its sovereignty and its role in the Brexit process.

When Theresa May was prime minister, she was forced to hold a vote on triggering the Brexit process after a legal challenge which said she would be undermining parliamentary sovereignty by taking the move without MPs and peers approving it.

Government figures argue that using Article 16 is a treaty power because it is contained in the Northern Ireland Protocol, which in turn is part of the Brexit Withdrawal Agreement, the deal that took Britain out of the EU and became effective in February 2020.

However, political critics of the Government are attempting to warn them off that position. Ms Haigh told The Telegraph: “This is part of a pattern, which has seen ministers exclude the voice of Northern Ireland entirely from the talks on the Protocol.

“It is simply unsustainable for a government few in Northern Ireland trust to make huge decisions on their future, without democratically elected leaders and communities having any say whatsoever.

“Those communities know – Article 16 would not resolve this dispute, it would prolong it. That’s why they want a solution, not another stand-off.”

Ed Davey, the leader of the Liberal Democrats, said the plans to not let MPs vote on Article 16 ‘rides roughshod over conventions’ - UK Parliament/Jessica Taylor/PA Wire
Ed Davey, the leader of the Liberal Democrats, said the plans to not let MPs vote on Article 16 ‘rides roughshod over conventions’ - UK Parliament/Jessica Taylor/PA Wire

Mr Davey said: “If the Government is intending to trigger Article 16, there must first be a vote in Parliament. The Government consistently undermines the importance of the House of Commons, and rides roughshod over conventions.

“These are serious and important matters which many of us believe could impact the very unity of our United Kingdom. By failing to have an open debate, the Government could be putting our precious Union at risk.”

Mr Johnson on Monday evening said he still had hopes that a deal could be reached to ease trade tensions in Northern Ireland, but reiterated Article 16 was an option being considered.

The Prime Minister said: “We would rather find a negotiated solution to the problems created by the Northern Ireland Protocol and that still seems possible.

“But if we do invoke Article 16 – which, by the way, is a perfectly legitimate part of that Protocol – we will do so reasonably and appropriately because we believe it is the only way left to protect the territorial integrity of our country and to meet our obligations to the people of Northern Ireland under the Belfast Good Friday Agreement.”