House of Commons Monday 25 March 2019

Prime Minister's Statement:

The Prime Minister made a Statement on European Council to the House of Commons and also see Hansard for the debate which immediately followed the statement.

Key points in the Statement -

1.  Council endorsed the legal Instrument relating to the Withdrawal Agreement and the Joint Statement supplementing the Political Declaration.

2.  Council reiterated that the Withdrawal Agreement will not be reopened

3.  Council and UK government had agreed that -

• if the House approves the Withdrawal Agreement by 29 March then UK departure will be extended to 11pm on 22nd May

• if the House does not approve the Withdrawal Agreement by 29 March then UK departure is extended to 11pm on 12th April.  At that point, the UK would either leave with No Deal or would “indicate a way forward before this date for consideration by the European Council"

4.  A (draft) Statutory Instrument had been laid by government to amend "Exit Day" in the European Union (Withdrawal) Act 2018.  This requires affirmative approval of both Houses of Parliament.  The PM noted - "Were the House not to pass the Statutory Instrument, it would cause legal confusion and damaging uncertainty, but it would not have any effect on the date of our exit."

5.  The PM had concluded that, as things stood, there was not "sufficient support in the House to bring back the deal for a third Meaningful Vote" but discussions were continuing with a view to a vote later in the week.  If that was not possible then the government would "work across the House to find a majority on a way forward."

6.  The PM believed that the House of Commons taking control of the Order Paper would be "an unwelcome precedent to set, which would overturn the balance of our democratic institutions."

7.  The PM was sceptical about a process of indicative votes since, when tried in the past, it produced
"contradictory outcomes or no outcome at all."   There was also a risk that such votes could lead to an outcome that is not negotiable with the EU.  Nevertheless, government would engage constructively with such a process even though no government "could give a blank cheque to commit to an outcome without knowing what it is."

8.  The PM concluded by saying - "I know that the Deal I have put forward is a compromise. It seeks to deliver on the referendum and retain trust in our democracy, while also respecting the concerns of those who voted to remain.   But if this House can back it, we could be out of the European Union in less than two months.  There would no further extensions, no threat to Brexit and no risk of a No Deal.   That I believe is the way to deliver the Brexit the British people voted for."

The definition of Exit Day:

In this previous post I looked at the definition of Exit Day in the European Union (Withdrawal) Act 2018 and argued that this date needed to be kept in line with the position in EU law - i.e. either 12 April or 22 May.  If the dates are not synchronised then a large number of amendments to domestic law would enter into force at 11pm on 29 March and there could be incompatibilities with the position in EU law.

A Statutory Instrument has now been laid to amend the definition of Exit Day - see The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019 and also the Explanatory Memorandum and Parameters of Extending Article 50.

Voting on this is expected later this week.

Debate on European Union (Withdrawal) Act:

On 25 March the Commons also debated a motion by the Prime Minister - "That this House, in accordance with the provisions of section 13(6)(a) of the European Union (Withdrawal) Act 2018, has considered the Written Statement titled “Statement under Section 13(4) of the European Union (Withdrawal) Act 2018” and made on Friday 15 March 2019."

Several amendments to this were put forward.  The Speaker selected three of the amendments.  Two of those were put to a vote and one, put forward by Sir Oliver Letwin MP (West Dorset), was successful by 325 votes to 302.

This will lead, on Wednesday 27 March, to "indicative votes."  The precise details of those votes is not settled and they will not be binding on the government.   The aim is to test the will of Parliament to see what, if anything, commands a majority.

As a result of the successful Letwin amendment, the actual resolution of the House is lengthy and, to be frank, cumbersome.  It disapplies Standing Order 14(1) on 27 March.   The Standing Order sets out the normal practice that the elected government's business has precedence every sitting (subject to some exceptions mainly for Opposition Days).   The Standing Order enables the government to control the Order Paper of the House and thereby secure time for its legislative programme and other business. 

What comes next?

The Statutory Instrument to amend Exit Day will (I think) be accepted.  In the circumstances it makes no sense to refuse this.

The negotiated deal could again return to the Commons and, if accepted, Exit Day will become 22 May at 11pm.

The exact topics for "indicative votes" have yet to be agreed and so has the process for voting.  The voting could be either on a ballot paper setting out the options or it could be a series of separate votes.  The actual process adopted could be crucial - Labour List 26 March.

The Institute for Government has considered Indicative Votes which are described as "votes by MPs on a series of non-binding resolutions. They are a means of testing the will of the House of Commons on different options relating to one issue."  As the Institute notes, on 13 March, the Exiting the EU Committee proposed four options that MPs could vote upon as part of a series of indicative votes.  However, "seeking changes to the text in the Withdrawal Agreement" has clearly now been ruled out by the EU Council.

The Guardian 25 March has set out some possibilities for indicative votes.

Wednesday is set to be another interesting day as this tedious and poorly managed process stumbles along.  The case continues .....!

*** Resolution of 25 March ***

That this House, in accordance with the provisions of section 13(6)(a) of the European Union (Withdrawal) Act 2018, has considered the Written Statement titled “Statement under Section 13(4) of the European Union (Withdrawal) Act 2018” ​and made on Friday 15 March 2019, and, given the need for the House to debate and vote on alternative ways forward, with a view to the Government putting forward a plan for the House to debate and vote on, orders that –

(a) Standing Order No. 14(1) (which provides that government business shall have precedence at every sitting save as provided in that order) shall not apply on Wednesday 27 March;

(b) precedence on that day shall be given to a motion relating to the Business of the House in connection with matters relating to the United Kingdom’s withdrawal from the European Union other than any Business of the House motion relating to the consideration by the House of a motion under Section 13(1)(b) of the European Union (Withdrawal) Act 2018, and then to motions relating to that withdrawal and the United Kingdom’s future relationship with the European Union other than any motion moved under Section 13(1)(b) of the European Union (Withdrawal) Act 2018;

(c) if more than one motion related to the Business of the House is tabled, the Speaker shall decide which motion shall have precedence;

(d) the Speaker shall interrupt proceedings on any business before the Business of the House motion having precedence at 2.00 pm on Wednesday 27 March and call a Member to move that motion;

(e) debate on that motion may continue until 3.00 pm on Wednesday 27 March at which time the Speaker shall put the questions necessary to dispose of proceedings on the motion including the questions on amendments selected by the Speaker which may then be moved;

(f) when those proceedings have been concluded, the Speaker shall call a Member to move one of the other motions having precedence;

(g) any proceedings interrupted or superseded by this order or an order arising from the Business of the House motion may be resumed or (as the case may be) entered upon and proceeded with after the moment of interruption on Wednesday 27 March.