header-logo header-logo

23 October 2019
Issue: 7861 / Categories: Legal News , Brexit , EU , Constitutional law
printer mail-detail

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll