Parliament 27 March 2019

Exit Day:

Exit Day is now 22 May at 11 pm if the House of Commons accepts the withdrawal agreement by 29 March.  Otherwise it is 12 April at 11 pm.


On 27 March 2019, Parliament approved the European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019.    These amend the definition of Exit Day in section 20 of the European Union (Withdrawal) Act 2018.  The outcome is that Exit Day for domestic legal purposes is now the same as that fixed in EU Law by the European Council Decision (EU) 2019/476 of 22 March 2019.

The House of Commons debate resulted with a vote of 441 to 105 in favour of affirming the regulations.  The House of Lords debate concluded with the Regulations being affirmed.

The government chose to put both 22 May and 12 April into the Regulations.  This accurately reflects the EU Decision.  A third possibility exists if the Commons does not accept the negotiated withdrawal agreement AND the government, before 12 April, indicates a way forward before for consideration by the European Council.  In this third situation there could be a new Exit Day and further Regulations will then be required.


Debates 27 March:

The Indicative Votes debate in the House of Commons ended with rejection of all the new options put to the House - see Details of the Voting.  The closest result was a commitment for the government to negotiate a “permanent and comprehensive UK-wide customs union with the EU” in any Brexit deal.  Put forward by Kenneth Clarke QC MP and others, it was voted down by 272 votes to 264.

The only other relatively close vote was on a plan drawn up by the Labour MPs Peter Kyle and Phil Wilson, and tabled by the former foreign secretary Margaret Beckett, to require a referendum to confirm any Brexit deal. This was lost by 268 votes to 295.

BBC News 27 March - How MPs voted

The Guardian 27 March - MPs reject all alternative Brexit options

There is a possibility that further debate and perhaps voting will take place in the House of Commons on Monday 1 April.

Efforts continued by the government to secure support for the already twice rejected Withdrawal Agreement.  The Prime Minister met with Conservative MPs in their "1922 Committee" and, if the withdrawal agreement is accepted, she agreed to resign so that a new leader can take matters forward in the next phase of negotiations with the EU. - The Guardian 28 March.

Hansard - debate 27 March on EU: Withdrawal and Future Relationship (Motions)

Further voting ?

On Monday 18 March, the Speaker explained to MPs the standard which would have to be reached for him to allow another vote under the statutory framework provided in the European Union (Withdrawal) Act 2018.  He cited cited page 387 of “Erskine May” and concluded that a proposition which is the same, or substantially the same, may not be brought forward again during the same parliamentary Session.

At the start of the 27 March debate, the Speaker said - " ... I wish to make it clear that I do expect the Government to meet the test of change. They should not seek to circumvent my ruling by means of tabling either a “notwithstanding” motion or a paving motion. The Table Office has been instructed that no such motions will be accepted."

So, provided that the test of change is met, a third vote on the Withdrawal Agreement can be expected.  MV1 was a vote on the Withdrawal Agreement AND Political Declaration.  MV2 was on the WA, PD and other documents.  Would a motion to approve just the WA meet the Erskine May test?  If it comes to a vote, tt may be that the political calculus has altered because of the PM's indication that she will resign even though the actual content of the withdrawal agreement has not changed.  (Such is politics!).

If the WA is approved by the Commons then it appears that enough would have been done under the EU Council's decision to trigger the 22 May Exit Day.

A further question relates to formal ratification of the WA - ratification being the formal process by which a State indicates its agreement to be bound in international law.  Section 13 of the European Union (Withdrawal) Act stipulates that the withdrawal agreement may be ratified only if certain requirements are met.  These include section 13(1)(b) - "the negotiated withdrawal agreement and the framework for the future relationship have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown."   The requirement for approval of  BOTH documents is crucial.