On 29 January the Commons voted on various amendments to a motion put forward by the Prime Minister. The outcome was to require the Northern Ireland backstop to be replaced with "alternative arrangements" to avoid a hard border - see previous post.
On 26 February, following further engagement with the EU, the Prime Minister
made a statement to the Commons. [Hansard 26 February]. The government also published a paper - Implications for Business and Trade of a No Deal exit on 29 March 2019.
The Prime Minister's statement contained commitments:
1. To hold a second "Meaningful Vote" by Tuesday 12 March at the latest. This will enable the House to vote again on the Withdrawal Agreement / Political Declaration in the light of the outcome of the government's further negotiations with the EU.
2. If the Government has not won a Meaningful Vote by Tuesday 12 March then it will – in addition to its obligations to table a neutral, amendable motion under section 13 of the EU Withdrawal Act – table a motion to be voted on by Wednesday 13 March at the latest, asking whether the House supports leaving the EU without a Withdrawal Agreement and a framework for a future relationship on 29 March.
So the United Kingdom will only leave without a deal on 29 March if there is explicit consent in the House for that outcome.
3. If the House, having rejected leaving with the deal negotiated with the EU, then rejects leaving on 29 March without a withdrawal agreement and future framework, the Government will, on 14 March, bring forward a motion on whether Parliament wants to seek a short limited extension to Article 50.
If the House votes for an extension, the government will seek to agree that extension with the EU and would bring forward the necessary legislation to change the exit date commensurate with that extension.
The Prime Minister's statement indicated that any extension of Article 50 would be short. The PM did not wish to see Article 50 extended and the focus had to be on working to get a deal and leaving on 29 March. An extension beyond the end of June would mean the UK taking part in the European Parliament elections.
The PM added - "An extension cannot take no deal off the table. The only way to do that is to revoke Article 50, which I shall not do, or agree a deal."
The BBC 27 February offered this flow chart to illustrate the votes put forward by the PM. The PM's commitment was to hold the second "meaningful vote" BY 12 March. Similarly, the vote on "no deal" will be held BY 13 March. The dates in the flowchart might therefore change.
Power to amend Exit Day already exists in the European Union (Withdrawal) Act 2018 section 20. A Minister may by Regulations amend the definition of Exit Day. That definition is at section 20(1) but see subsections (2) to (5).
A statutory instrument containing regulations under section 20(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament - see the 2018 Act Schedule 7 Part 2 Para 14.
Extending Article 50:
An extension to Article 50 requires the unanimous agreement of the European Council. It is thought that this would be granted provided the request for a specific reason. The French President has indicated that he would veto a request for extension unless there is a “new choice” by Britain- The Guardian 27 February 2019. Furthermore, the possibility of either a member State or States demanding conditions for agreeing to an extension cannot be ruled out.
The forthcoming European Parliament elections could prove to be a significant factor in deciding the length of any extension - Institute for Government
Wednesday 27 February:
The Commons voted on an amendable motion put forward by the Prime Minister- see Order Paper. The motion stated - "That this House notes the Prime Minister’s statement on Leaving the European Union of 26 February 2019; and further notes that discussions between the UK and the EU are ongoing."
Outcome of voting 27 February:
An amendment put forward by the Leader of the Opposition was defeated - 323 votes to 240. This amendment would have required negotiation with the EU for changes to the Political Declaration to secure:
i. a permanent and comprehensive customs union with the EU;
ii. close alignment with the single market underpinned by shared institutions and obligations;
iii. dynamic alignment on rights and protections;
iv.
commitments on participation in EU agencies and funding programmes,
including in areas such as the environment, education, and industrial
regulation; and
v.
unambiguous agreement on the detail of future security arrangements,
including access to the European Arrest Warrant and vital shared
databases; and
An amendment put forward by Mr Ian Blackford (SNP) was defeated - 324 votes to 288. This amendment asked the House to determine not to leave the European Union without a withdrawal agreement and future framework under any circumstances, and regardless of any exit date.
One amendment by Dame Caroline Spelman was not moved.
An amendment put forward by Mr Alberto Costa MP was passed without division. (Shown in blue in the text below).
An amendment put forward by Mrs Yvette Cooper was passed 502 votes to 20. (Shwon in red in the text below).
The amendment motion as agreed by the House states:
Resolved
"That this House notes the Prime Minister’s statement on Leaving
the European Union of 26 February 2019; and further notes that discussions
between the UK and the EU are ongoing; and requires the Prime Minister to seek
at the earliest opportunity a joint UK-EU commitment to adopt part two of the
Withdrawal Agreement on Citizens’ Rights and ensure its implementation prior to
the UK’s exiting the European Union, whatever the outcome of negotiations on
other aspects of the Withdrawal Agreement; and further notes in particular the
commitment of the Prime Minister made in this House to hold a second meaningful
vote by 12 March and if the House, having rejected leaving with the deal
negotiated with the EU, then rejects leaving on 29 March without a withdrawal
agreement and future framework, the Government will, on 14 March, bring forward
a motion on whether Parliament wants to seek a short limited extension to
Article 50, and if the House votes for an extension, seek to agree that
extension approved by the House with the EU, and bring forward the necessary
legislation to change the exit date commensurate with that extension."
This resolution emphasises the wish of the House to see agreement on Citizens' Rights whatever the outcome of negotiations on
other aspects of the Withdrawal Agreement.
The resolution also now contains the voting timetable which the PM had set out in her statement on Tuesday 26 February.
The debate of 27 February may be read at Hansard Online.
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