Tuesday 12 March 2019

Brexit Debate and Vote ~ 12 March 2019

Attorney General:

Following the discussions with the EU which ended on Monday 11 March, the Attorney General (Geoffrey Cox QC MP) answered questions regarding his revised legal opinion on the Brexit deal and what had been achieved to deal with the issue of the Ireland / Northern Ireland "backstop."  The Attorney's advice is HERE.

Hansard 12 March - Withdrawal Agreement: Legal Opinion

Prime Minister:

The Prime Minister put forward her motion seeking approval of five documents - please see her Statement to the House of Commons + Dept. for Exiting the EU Policy Paper 12 March + previous post.

The House of Commons rejected the motion - Ayes 242 to Noes 391 - a majority of 149 - (i.e. 633 votes in total).  Although amendments had been tabled, none were selected by the Speaker.

How did individual MPs vote? See BBC News 13 March or The New European 12 March.

Hansard 12 March - European Union (Withdrawal) Act

What follows?

Wednesday 13 March - A further debate and vote on whether the House wishes to take the UK out of the EU without a deal.  The Prime Minister informed the House that there would be a free vote for Conservative MPs.   The PM also stated that the government would publish policies which it considers necessary in the event of no deal.

The motion tabled by the Prime Minister states:

"That this House declines to approve leaving the European Union without a Withdrawal Agreement and a Framework for the Future Relationship on 29 March 2019; and notes that leaving without a deal remains the default in UK and EU law unless this House and the EU ratify an agreement." 

It is thought that this motion will be accepted (i.e. a no deal scenario will be rejected) and that will lead to a further vote on 14 March as to whether the House wishes to vote for an extension to Article 50.

Amendments have been tabled.  One amendment tabled by MPs Spelman, Dromey, Letwin and others states:

Line 1, leave out from “House” to end and add “rejects the United Kingdom leaving the European Union without a Withdrawal Agreement and a Framework for the Future Relationship.”

Extension of Art 50 is in the gift of the EU Council alone and the Council has to be unanimous.  The reason for seeking an extension will be at the forefront of their decision-making.  A clear purpose for an extension will have to be put forward - The Guardian 13 March quoting remarks of Donald Tusk (President of the EU Council).

The default position under Article 50 is that the UK will leave the EU at 11pm on 29 March 2019.  This will arise if either the Commons decides to leave without a deal or an extension to Article 50 does not come about (e.g. EU rejects the request).

The option to revoke Article 50 and remain in the EU is NOT before MPs even though it is legally possible.  The UK could revoke and remain a member of the EU on its present terms.


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