With the final countdown into the single digits, the options left for Brexit are particularly thin. One, unfortunately, involves dragging it out further. Are we there yet?
There is a song by the Melbourne band Little Heroes, called One Perfect Day, from back in 1982 (though it still attracts a cult following). In it, the lead singer asks his ex-girlfriend in England: tell me, is it still raining there in England, and did the government fall last night?
Well, it is still raining. And there is still talk of the government of Theresa May falling. We just observed a week of three parliamentary votes on Brexit, where the government was defeated in two of them.
In another extraordinary day yesterday, the Speaker of the House of Commons, John Bercow, invoked the “Erskine May” parliamentary rules of procedure. That means that an amendment “which is the same, in substance” as an issue that has already been voted on cannot be proposed again in parliament. The speaker said that a new proposal must be “not different in terms of wording, but different in terms of substance”. Unless there are significant changes to the substance of the government’s proposed Withdrawal Agreement, it cannot be sent back to the House for a third “meaningful” vote.
So, what might happen now, with nine days to go until the UK is supposed to leave the EU?
The UK could still leave without an agreement
If there is no parliamentary support for the Withdrawal Agreement, that does not mean the UK does not leave. The UK will leave on 29 March unless the UK government requests an extension to Article 50, which was activated by Theresa May two years ago on 29 March 2017. The Article says, among other things:
The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
If the UK leaves in a little over a week, it will no longer be in the EU and will no longer be party to hundreds of international treaties and thousands of pieces of legislation.
Proroguing the parliament is an option
What are the options in order to avoid crashing out this way? Could the British government somehow get the Withdrawal Agreement through parliament on a third attempt?
One step that Theresa May might be contemplating is taking the extraordinary measure of “proroguing” the parliament. Proroguing effectively means terminating the current session, without actually dissolving it, and having parliament reconvene in a new session. The government would then have the option – if the temporary suspension of the parliament goes smoothly – to re-send the Withdrawal Agreement for a meaningful vote to a newly-convened parliament.
This may not occur in time for the looming exit deadline, and May is unlikely to attempt to present the deal for a third time, unless the Speaker changes his position. So, May could be obliged to yet again set out for Brussels and some EU national capitals to shore up support for an extension of Article 50.
So far, no request to extend Article 50
The EU has not yet received a formal request for an extension of Article 50, even though the House of Commons voted last week for such an extension and May has now indicated she will request one. Nathalie Loiseau, the French Minister for the EU, said, “No such request has been made”.
Perhaps giving a sense of the frustration in some EU capitals about the negotiations, Loiseau revealed she has called her cat Brexit because it is indecisive, as it “meows loudly to be let out each morning, but then refuses to go outside when she opens the door”.
The EU would no doubt request that an extension be fully justified – and there is little European appetite to reopen negotiations with Britain. The EU has been preparing for Brexit for some time.
It is conceivable that Theresa May could seek to justify a request that Article 50 be extended well beyond the 30 June 2019 date currently under discussion in the UK. But there are major problems with this, as the UK would need to take part in the European Parliament elections to take place in May this year. It could also be obliged to contribute to the new EU budget round, known as the Multiannual Financial Framework.
The Brexit saga continues
Of course, the idea of voting more than once on a Brexit deal in Parliament raises again the call for a second referendum on EU membership by the people – a people’s vote.
Alternatively, the UK could remain in the EU and revoke Article 50. A recent court ruling that this does not require the consent of the other 27 EU states has emboldened those who are campaigning for a new referendum – although it is far from clear what questions would appear on the ballot paper.
The possibility of Theresa May resigning is never far from the minds of her detractors – whether the European Research Group in her own party, or the Labour party leadership under Jeremy Corbyn.
Meanwhile, the UK Trade Secretary Liam Fox has announced a trade deal that has just been initialled with Iceland and Norway. He stated that this was in addition to the agreement signed with Liechtenstein. At least Norway and Iceland are larger than Liechtenstein, a country of fewer than 38,000 people – famous for being the world’s largest exporter of false teeth.
These new trading partners are considerably smaller than the EU Single Market of over 500 million that the UK currently belongs to. They will certainly not fill the huge void left by Brexit.
Yet again, Theresa May’s government is no doubt hoping for just One Perfect Day, but it is not looking likely at the moment.