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23 October 2019
Issue: 7861 / Categories: Legal News , Brexit , EU , Constitutional law
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All Hallows Brexit unlikely

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.

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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