Voting for Brexit: the practical and constitutional barriers to getting consent for the withdrawal agreement before exit day

MIKEMASSARO.9198.CROPPED..hannah.114x133_0_MIK4282.cropped.114x133The government has repeatedly given assurances that parliament will be offered ‘a meaningful vote’ on the final Brexit deal, which is still being negotiated. In this post, Hannah White and Raphael Hogarth discuss the challenges of meeting that commitment and argues that the binary choice of ‘deal’ or ‘no deal’ is a false one. They also discuss some of the practical and constitutional issues raised by the government’s legislative plans to implement Brexit within a very short timeframe.

By October ministers hope to have negotiated a withdrawal agreement on the terms of the UK’s departure from the European Union, and a ‘framework for a future relationship’ on long-term UK-EU relations. To reach agreement with the EU on these documents in so little time will be a monumental challenge for the government – but when this challenge is complete, a new one begins. The government will then have to shepherd these documents through a number of processes in parliament.

Our new report, Voting on Brexit, sets out what the government has to do in order to get its deal through parliament, and give effect to that deal in domestic law. Below are seven key messages from that research.

1. The government’s timetable for getting its deal through parliament is ambitious

The government has promised to seek parliament’s approval for both the withdrawal agreement and the future framework in one go. However, there will be very little time in which to do so. The UK is currently set to leave the EU on 29 March 2019. That means that there will be only six months available for scrutiny and approval of the deal.

This should be enough time, providing nothing goes wrong. But if negotiations drag on past October, or parliament raises significant objections to the deal that require a renegotiation or referendum, or if the European Parliament raises its own objections, then the timetable could be unachievable. The government would need to consider seeking an extension of the Article 50 period in order to complete its negotiation and allow time for scrutiny and approval. Continue reading

Parliament and the withdrawal agreement: What does a ‘meaningful vote’ actually mean?

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The government has repeatedly assured MPs that they will get the opportunity to have a meaningful vote on any agreement reached with the EU related to the UK’s withdrawal as part of the Article 50 process. This post by Jack Simson-Caird examines the role of the House of Commons and the House of Lords when it comes to approving and implementing that agreement. 

Since the UK government began negotiations over the withdrawal agreement under Article 50, questions have been raised about how parliament will approve and implement the final agreement.

The government’s stated position has long been that parliament will have the opportunity to approve the final agreement through a motion ‘to be voted on by both Houses of Parliament before it is concluded’. On 13 December 2017 David Davis MP, the Secretary of State for Exiting the European Union, gave details of the procedures for both the approval and implementation of EU Exit Agreements. He explained that the approval process is separate from the process of implementing the agreement through primary and secondary legislation.

Approving the withdrawal agreement

David Davis proposed that the process of approving the withdrawal agreement will take the form of a resolution in both Houses of Parliament. This resolution will cover both the Withdrawal Agreement and the terms for our future relationship”. The Supreme Court noted in Miller in January 2017 that such a resolution does not have any legislative effect, but is nevertheless ‘an important political act’. Continue reading