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All Hallows Brexit unlikely

23 October 2019
Issue: 7861 / Categories: Legal News , Brexit , EU , Constitutional law
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Ratification of Withdrawal Agreement Bill put on hold… for now 

EU leaders have indicated a Brexit extension will be granted, following the latest defeat for the government.

MPs voted 329-299 to move the prime minister’s withdrawal agreement bill to the second reading stage, where a number of amendments are likely to be sought, including membership of a customs deal and putting the agreement to the public in a remain versus withdrawal agreement referendum.

Following this victory, however, the prime minister’s hopes of a Halloween Brexit were all but dashed within the hour when MPs rejected by 322-308 votes his accelerated timetable to push the 110-page Bill through Parliament within three days. Prime Minister Johnson immediately paused the Bill, reneging on an earlier threat to abandon it altogether.

Donald Tusk, president of the European Commission, later that evening indicated an extension to the Art 50 process would be granted, tweeting: ‘Following PM @BorisJohnson’s decision to pause the process of ratification of the Withdrawal Agreement, and in order to avoid a no-deal #Brexit, I will recommend the EU27 accept the UK request for an extension. For this I will propose a written procedure.’

The prime minister had previously requested an extension to 31 January 2020, in compliance with the Benn Act (European Union (Withdrawal) (No. 2) Act 2019).

Simon Parsons, formerly associate professor of law at Solent University, said the second reading of the withdrawal agreement bill would be ‘a historic moment in the Brexit saga’ and Boris Johnson ‘will now be able to say in the inevitable general election campaign that he has the right deal for the country’.

However, Sir Keir Starmer, shadow Brexit secretary, said the proposed withdrawal agreement, which only runs until the end of 2020, contains a ‘trapdoor’ to a no-deal Brexit.

Moreover, the prime minister has lost the support of the Democratic Unionist Party due to the agreement’s ‘border in the Irish sea’ and the revelation that Northern Ireland businesses will have to fill out export declaration forms when sending goods to Great Britain.

A general election could be called if two-thirds of MPs agree or if a vote of no confidence is passed and opposition MPs are unable to form an alternative government within two weeks.

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