The House of Commons will today (3 April) debate a "Business of the House Motion" which, if successful, will permit the European Union (Withdrawal) (No.5) Bill - (the bill) - to go through all of its House of Commons stages very quickly - by 10pm today.
The Bill is aimed at requiring, as a matter of law, the Prime Minister to bring a motion to the House of Commons seeking an extension of Article 50 to a date to be specified in the motion. It would be possible for the Commons to reject the motion. If the House approved the motion then the PM would be legally required to request an extension to the specified date.
As a matter of EU law - (i.e. Article 50 Treaty on European Union) - the European Council would still have to unanimously agree any extension. One possibility is that Council agrees to an extension but specifies an alternative date to that put forward by the UK. In this event, the PM would have to bring a further motion to the Commons to get agreement on the date put forward by the EU.
The Business Motion (proposed by Sir Oliver Letwin MP and Yvette Cooper MP) is 19 paragraphs long and amendments to it have been put forward - see Order Paper 3 April
The bill does not contain a clause dealing with revocation of the Article 50 notification.
If the Bill successfully passes through the House of Commons it will still require to pass the House of Lords and then receive Royal Assent.
This is a well-intentioned Bill - essentially aimed at preventing a no deal exit.
For the Bill and other associated documents see Bills before Parliament
Updates:
3 April - House of Commons -
a) The Business Motion passed by ONE vote - 312 to 311. The House then proceeded to Second Reading of the Bill.
Hansard - Business of the House Motion 3 April
b) The Bill passed Second Reading by 315 votes to 310.
Hansard - Second Reading
c) The House then proceeded to a Committee of the Whole House to consider the detail of the Bill and proposed amendments.
d) There was no Report Stage - (a stage is that is usually part of the passage of a Bill)
e) The Bill passed Third Reading by one vote - 313 to 312. The Bill therefore proceeds to the House of Lords.
Hansard - Committee of Whole House and Third Reading
f) BBC News 4 April - MPs back delay bill by one vote. This graphic shows the breakdown of the voting and how the Bill secured its third reading:
4 April - House of Lords
a) The Bill as introduced to the Lords - note, the Commons added a clause to the Bill to provide for amendment to the definition of "Exit Day" in the European Union (Withdrawal) Act 2018. The amendment removes the requirement for affirmative resolution of both Houses. Instead, Ministers would be able to bring forward an Order to amend the date. The Order would be subject to subject to annulment in pursuance of a resolution of either House.
b) Lords Business 4 April - Motion for Two or more stages in one day
A whole afternoon of debate took place on procedural issues with considerable concern expressed that the House of Lords was being asked to put aside its normal procedures as a revising chamber so that the Bill could be pushed through in one day. However, in the early evening, it was announced that agreement had been reached through the "usual channels" to hold the second reading on 4 April and the other stages of the Bill on Monday 8 April.
Hansard - House of Lords - Business of the House 4 April 2019
c) Reports issued on 4 April were - Constitution Committee Report on the No.5 Bill and also the Delegated Powers and Regulatory Reform Committee report. The Delegated Powers Committee recommended removal of Clause 2 from the Bill thereby restoring the affirmative procedure to statutory instruments amending exit day.
Also see Parliament 4 April - Lords debates European Union (Withdrawal) (No. 5) Bill
d) Second reading - The Bill was read a second time. The next step will be a Committee of the Whole House. The House adjourned at 2240 hours.
Hansard - House of Lords - Second Reading 4 April 2019
During second reading, Lord Pannick QC indicated that he (together with former Lord Chief Justice Lord Judge) would bring forward an amendment to the Bill to make clear the legislation will not affect prerogative powers to seek or agree an extension to the Article 50 period to a date not earlier than 22 May 2019.
The government Minister concluding the second reading debate stated - "The Bill therefore remains fundamentally flawed. It could tie the hands of the Government and bring about a situation contrary to the purpose expressed by its movers. This legislation is not a sensible or desirable approach to take and I urge noble Lords not to support it."
8 April 2019:
The Bill received Royal Assent late in the evening of Monday 8 April.
Debates held on 8 April - House of Lords and House of Commons.
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