Written answers

Tuesday, 18 October 2016

Department of Foreign Affairs and Trade

Brexit Issues

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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348. To ask the Minister for Foreign Affairs and Trade the voting majority required within the European Council or Parliament to agree any negotiated conclusions following the invoking of Article 50 of the Treaty on European Union. [30447/16]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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349. To ask the Minister for Foreign Affairs and Trade the expected role of the European Parliament negotiations following the invoking of Article 50 of the Treaty on European Union. [30448/16]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 348 and 349 together.

Article 50 of the Treaty on European Union sets the framework for a Member State leaving the EU.

The article provides that when the terms have been negotiated between the EU and the departing State, the Council concludes the agreement, acting by a qualified majority, after obtaining the consent of the European Parliament. Ratification by national parliaments is not required.

A qualified majority for the purposes of Article 50 is defined with reference to Article 238(3)(b) of the Treaty on the Functioning of the European Union: at least 72% of the members of the Council representing the participating Member States (not to include the departing State), comprising at least 65% of the population of these States. These thresholds are somewhat higher than those which apply to QMV in the normal legislative process.

I would also note that any agreement on future relations between the EU and the UK would very probably, depending on the matters covered, require unanimous agreement among the Member States and ratification by national parliaments.

Under the consent procedure, the European Parliament may accept or reject a proposed act by the majority of votes cast.

While, beyond the consent procedure, Article 50 provides no formal role for the European Parliament in the negotiations, on 8 September the Parliament’s Conference of Presidents appointed Guy Verhofstadt as its representative on Brexit matters. I am confident that both the Council and the Commission appreciate the political importance of keeping the Parliament well briefed.

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