Brexit witching hour

Our man Rex seeks to establish the Brexit agenda for the week ahead.

The last week of October promises to be a fascinating, indeed crucial, week in the quest for Brexit. What will happen? We don’t know for sure but there is a timetable, of sorts.

There are four key outcomes to look for:

1. Extend the Brexit deadline

2. Leave without a deal

3. Leave with a deal

4. Revoke Article 50

Under the Benn Act, on 19th October Boris Johnson did as required, sending a letter to the EU which requested an extension to the Article 50 notice until 31st January. The EU27 have been considering the request, yet to produce a formal response. This would seem to be the main consideration for the weeks ahead.

If the EU27 agree to an extension until 31st January 2020, according to the Act “the Prime Minister must, immediately after such a decision is made, notify the President of the European Council that the United Kingdom agrees to the proposed extension”, regardless of any conditions attached.

If any other date were to be proposed, then a debate must be scheduled for Wednesday.

Perhaps it goes without saying that any prospective motions or amendments calling for a further referendum are dependent on an extension. Legal challenges can not be ruled out.

Monday 28th October

The UK awaits a response from the EU. In order to extend the Brexit deadline, all 27, as well as the UK, have to unanimously agree. Weekend speculation has centred on the French withholding their agreement, allegedly until a the House of Commons agree a date for a general election or the latest withdrawal Agreement is approved.

Under those circumstances, the Conservative government may again seek to call for a general election. If they do, under the Fixed Term Parliament Act, the House must produce a two thirds majority.

On previous form, that majority will not be achieved, key to the decision being Jeremy Corbyn’s Labour Party. The declared standpoint is that “no deal” must be taken off the table before they agree. Given that position, it may seem unlikely that Her Majesty’s most Loyal opposition will not bring a vote of no confidence, which requires a straight forward majority.

The Benn Act provides for a motion to be debated within two days or by 30th October at the latest, that motion relating to the EU27’s response to the request for an extension to the deadline.

Tuesday 29th October

Much depends on what may happen on the previous day. The UK may have received the EU27’s response to the Article 50 extension letter, it may not.

Given that the House of Commons has demanded more than three days to debate the latest WA, if the EU27 have not responded, this is the last day to start the debate. Even so, that gives little time, possibly only minutes, for the House of Lords, to scrutinise.

There is also the possibility that a vote could be held on the prospect of a general election.

Wednesday 30th October

Events are still dependent on whether the response from the EU27 has been decided upon and communicated to the UK.

The keynote debate of the day has been decided by British law, in the form of the Benn Act. The motion reads: “That this House has approved the extension to the period in Article 50(3) of the Treaty on European Union which the European Council has decided.”

Not to debate the motion would put the whole of the House of Commons in breach of UK law. The motion must be debated whether or not the EU27 have reached a decision and whether or not that decision has been conveyed to the UK.

Obviously, the EU27 are not bound by UK law. Even had Hilary Benn and his supporters set a final date for them to respond to the letter of 19th October, there is no compulsion for them to do so in European law.

Much as the House of Commons has given the people plenty of amusement, it must surely appeal to the sense of humour of the EU27 to watch the House of Commons debate a response that has not been made.

If there is nothing to approve or disapprove, it will be interesting to see which way the vote goes, whether there is a majority for nothing or against nothing.

On the other hand, if a letter has been received from the EU27 offering a conditional extension, let’s say to 31st December 2099, whether or not a WA has been agreed by then, it would also be interesting to see which way the vote goes.

There is also the possibility that a vote could be held on the prospect of a general election.

Thursday 31st October

Today has already gone down as Boris Johnson’s “do or die” day.

Under the Benn Act, the EU27 have until 22.59 hours to agree to an extension of Article 50, the Prime Minister being required to accept “immediately”. As has been identified in many arenas, the EU has a habit of agreeing to things at the eleventh hour. In this event, of course Brexit will be delayed.

Today is also the last day that Article 50 can be revoked. It is also the last day that the WA can be agreed by Parliament, both the House of Commons and the House of Lords. Both courses of action require the Queen to be available.

It is also the last day that “no deal” can be taken off the table, which may lead to a further vote on a general election.

If no extension has been agreed, revocation of Article 50 has not been agreed, and no WA has been agreed and ratified, both by Parliament and the European Union, the legal default position remains that the UK leaves the EU without a deal.

In that event, at or after the eleventh hour, there is still the opportunity to avoid imposing tariffs and other barriers to trade, invoking GATT Article XXIV. Of course, it may have already been negotiated, even provisionally agreed, between Boris and the EU27 that both parties exchange letters, copied to the World Trade Organisation, announcing an intention to seek a free trade agreement.

This will also be an opportunity to ascertain what Boris meant by “do or die, deal or no deal.” Perhaps, like his predecessor, Theresa May when saying “no deal is better than a bad deal”, Boris was “talking in the abstract” and has an Halloween costume already lined up.

This is also the day that John Bercow stands down as Speaker of the House of Commons. Tributes will be made for his contribution in upholding integrity, clarity and professionalism in Parliament’s quest to ensure democratic accountability to the people.

1st November

The first Witching Hour after Halloween takes place between 3 and 4am.

5th May 2022

Under the Fixed Term Parliament Act, this is the scheduled date for a general election, unless the Act is repealed before then or a general election has taken place beforehand.

Author: RexN

I am a freelance writer, anything from bids and tenders to journalism, covering sports, finance, current affairs and anything of interest. Feel free to contact me on rex@rexn.uk or on Twitter @Rex_N

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