31 March 2019

The week ahead ~ Further indicative votes

1st April - 2230 hrs.  Updated with results

On Friday 29 March the House of Commons rejected (344 to 286) the negotiated Withdrawal Agreement, the Joint Instrument and the Unilateral Declaration - (the documents are available HERE).  Under the EU Council Decision of 22 March this rejection has the effect of making Exit Day 12 April but it is open to the UK to seek a way forward.  A further extension of time may therefore arise.

On Wednesday 27 March the House rejected eight indicative vote proposals - previous post 27 March.  Only two of those "came close" to acceptance - a Customs Union (proposed by Kenneth Clarke QC MP but rejected 272 to 264) and a "Confirmatory Public Vote" (rejected 295 to 268).

The coming week

29 March 2019

29 March 2019 - the Withdrawal Agreement returns

1500 hrs - Updated with result

29 March 2019 is set to be another momentous day in the House of Commons as the government seeks approval from MPs for the Withdrawal Agreement.

Two years ago, on 29 March 2017, the United Kingdom served notice, under Article 50 of the Treaty on European Union (TEU), that it had decided to leave the European Union (EU) - Article 50 Notice: The end of the beginning (29 March 2017).

Article 50 extended:

28 March 2019

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.

27 March 2019

Brexit ~ Indicative Votes 27 March


Updated 28 March with voting results

The UK is now set to leave the EU either on 12 April or 22 May depending on whether the House of Commons rejects or accepts the Withdrawal Agreement.  The House has already rejected the Withdrawal Agreement on two occasions (15 January and 11 March) but it might return for a third time if the Prime Minister thinks it will now be supported.  It is reported that some MPs will vote for the deal  (£) provided that the Prime Minister sets a timetable for her own departure from office!

Rejection of the Withdrawal Agreement

26 March 2019

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.

25 March 2019

Brexit ~ Statutory Instruments

A brief note on Statutory Instruments (SI) being churned out in connection with Brexit.

When the European Union (Withdrawal) Bill first saw light of day it was immediately open to the criticism that it contained a far too extensive set of powers to make delegated legislation - previous posts 6 September 2017 and 29 September 2017.

A particular concern was that Ministers could effectively change policy by using these powers and, according to a post by Alexandra Sinclair and Joe Tomlinson published by the UK Constitutional Law Association blog, this concern appears to be manifesting itself.  The authors

22 March 2019

EU Council and what might come next

Post updated 23 March

Art 50 - EU Council conclusions:

On 21 March, the European Council responded to the Prime Minister's request (previous post) for an extension, until 30 June, of Article 50.

The Council conclusion was to agree an extension until 22 May 2019 provided the Withdrawal Agreement is approved by the House of Commons by 29 March at the latest.

Attorney-General - The Harry Street Lecture at Manchester University

  The Attorney-General Lord Hermer KC delivered the Harry Street Lecture at Manchester University. The text has been published - HERE . He o...