Draft Withdrawal Agreement - November 2018 - No.2 - Preamble and Common Provisions

The Draft Withdrawal Agreement is worthy of analysis even though, at the time of writing, it is far from certain whether it will ever be approved by the UK Parliament.  It is important that the agreement is properly understood even if, ultimately, it is rejected.

On Thursday 15 November it received a hostile reception in the House of Commons, there were Ministerial resignations.  This morning it appears that Conservative MPs are preparing for a vote of confidence in Mrs May as Party Leader despite the point that changing the Prime Minister as the UK leaves the EU would carry serious risks.

On Friday 16 November, the Prime Minister appointed Mr Stephen Barclay MP as Secretary of State for Exiting the EU.  Mr Michael Gove MP rejected an invitation to take on the role - BBC News 16 November.

At a Press Conference

Draft Withdrawal Agreement - November 2018 - No.1

"When you strip away the detail, the choice before us is clear. This deal which delivers on the vote of the referendum, which brings back control of our money, laws and borders; ends free movement; protects jobs, security and our union; or leave with no deal; or no Brexit at all" - Theresa May, Downing Street, 14 November 2018.

The proposed Withdrawal Agreement and Outline Political Declaration were both published on Wednesday 14 November - BBC News 15 November.  Both documents were "collectively agreed" by the Cabinet following a lengthy meeting held during the afternoon and evening.

Following the meeting, the Prime Minister made this brief statement.  A fuller statement was made in Parliament during the morning of 15 November and it may be read HERE.  The full debate is available via Hansard.

It is a requirement of the European Union (Withdrawal) Act 2018 section 13 that the House of Commons must approve both documents when they are finalised.

What will happen in the existing fragile political atmosphere is by no means clear. This morning

News of a Withdrawal Agreement ~ Humble Address (Number 2)

As I write there is breaking news that the UK government and the EU have reached an agreed text for a Withdrawal Agreement - BBC News 13 November.  I would expect this to be a lengthy document and hope to look at it in detail once it is published.  The agreement  will have to address numerous areas and it may be that the text is not 100% "set in stone."  For instance, technical amendments might yet be made.

The Cabinet is to meet on Wednesday 14 November to consider the agreement.  Cabinet Ministers have received individual briefings about the agreement but they can hardly have fully read it and analysed its contents.  If the Cabinet accept the agreement then it will go forward for approval by the House of Commons.  The Opposition wishes to be able to move amendments to any motion for approval of the agreement.

It is not clear what steps will be taken,

Brexit ~ Is a withdrawal agreement imminent?

Since the EU Council met in Brussels on 17-18 October there has been little hard news as to whether the negotiations will result in a Withdrawal Agreement.

According to one report (BBC 12 November) there may be an announcement by Wednesday 14 November so that an agreement can be signed off at the EU Council before the end of November.  A meeting would be convened if it is required.

The report notes -

A century ago ~ the Armistice

100 years ago today, at 5am in the Forest of Compiègne to the north of Paris, the Armistice was signed which brought an end to hostilities from 11 am.  See the terms of the Armistice.

From the outbreak of war in 1914 until the armistice in 1918 over 17 million people lost their lives.  It was not until 28 June 1919 that a Peace Treaty was signed at Versailles and the Treaty took effect from 10 January 1920 - Treaty of Versailles.

National Crime Agency (NCA)

The National Crime Agency (NCA) is undertaking an investigation into Better for the Country Ltd, Leave.EU, Arron Banks, Elizabeth Bilney and others - previous post and also see - Statement Electoral Commission 1 November 2018 and the NCA statement.  The investigation is into suspected criminal offences committed during the EU referendum.  But what is the NCA and how does it relate to other law enforcement bodies in the UK.

England has 38 Police Forces, Wales has 4, Scotland has Police Scotland and Northern Ireland has the Police Service of Northern Ireland - Police Forces.  In addition there are 4 National special police forces - British Transport Police, Civil Nuclear Constabulary, Ministry of Defence Police and a National Police Air Service.

Those Forces

National Crime Agency investigation ~ Brexit ~ Leave funding

On 4 October this blog took a look at Brexit-related litigation.

A challenge brought by Crowdjustice - UK in EU Challenge will have an oral permission hearing on 8 December.  The challenge website states -

In a separate development,