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Version 17 | Version 18 |
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Brexit: What happens now? | Brexit: What happens now? |
(about 4 hours later) | |
MPs have had another chance to have their say on Brexit, voting on a series of amendments relating to the government's deal with the EU. | |
MPs voted to reject Theresa May's Brexit deal by a majority of 230 votes on 15 January. The next day there was a vote on a motion of no confidence and the prime minister prevailed with a majority of 19. | |
On 29 January MPs debated the government's response to the rejection of its deal. | |
They voted in favour of a non-binding amendment that rejected a no-deal Brexit. | |
They also voted in favour of an amendment that called for the backstop to be replaced with "alternative arrangements to avoid a hard border" but otherwise supported the prime minister's deal. | |
Theresa May had ordered Conservative MPs to vote for this amendment and has said she will return to Brussels to try to re-open negotiations in order to secure a "legally binding change". | |
The EU has already said it will not change the legal text agreed with the UK prime minister. | |
So it's still not clear what will happen next. These are some of the possible options. | |
1. Second vote in Parliament on current or adjusted deal | 1. Second vote in Parliament on current or adjusted deal |
Theresa May will return to Brussels to try to get a change to the "backstop" - the part of the withdrawal agreement aimed at guaranteeing there is no hard Irish border. | |
Whether or not the EU agrees, the next step would be to return to the Commons for a second "meaningful vote" where MPs would decide again whether they backed the deal with any new adjustments in place. | |
If there are no adjustments and the government comes back with exactly the same deal it could run into a problem. There's a general principle that MPs shouldn't be asked to consider the same question twice in a single session. | If there are no adjustments and the government comes back with exactly the same deal it could run into a problem. There's a general principle that MPs shouldn't be asked to consider the same question twice in a single session. |
However, it's been argued that this rule would not apply if the will of Parliament had changed. And, in any case, the Speaker could choose to allow a second debate to proceed. | However, it's been argued that this rule would not apply if the will of Parliament had changed. And, in any case, the Speaker could choose to allow a second debate to proceed. |
2. No deal | |
If Parliament will not agree to a deal, and nothing else subsequently happens, the default position would be a no-deal Brexit. | |
The law is already in place which means the UK would leave the EU on 29 March 2019. | The law is already in place which means the UK would leave the EU on 29 March 2019. |
And, in any case, EU rules mean the UK would leave then. | And, in any case, EU rules mean the UK would leave then. |
The government would probably want to pass some legislation to prepare for no deal but that's not strictly essential. | The government would probably want to pass some legislation to prepare for no deal but that's not strictly essential. |
So MPs might try to stop a no-deal Brexit, but they would need to do something else to prevent it from happening as a matter of course. | So MPs might try to stop a no-deal Brexit, but they would need to do something else to prevent it from happening as a matter of course. |
3. Major renegotiation | |
The government could propose to negotiate a new Brexit deal. | The government could propose to negotiate a new Brexit deal. |
This would not be a question of carrying out minor tweaks and having a second vote. | This would not be a question of carrying out minor tweaks and having a second vote. |
Instead, there could be a complete renegotiation that would take some time and might well require an extension of Article 50 to delay Brexit. | Instead, there could be a complete renegotiation that would take some time and might well require an extension of Article 50 to delay Brexit. |
This would require two key steps. First, the UK would have to make a request to the EU for an extension. This could be granted but only if all EU countries agree at a vote of the EU Council. | This would require two key steps. First, the UK would have to make a request to the EU for an extension. This could be granted but only if all EU countries agree at a vote of the EU Council. |
Second, the government would have to table a statutory instrument to change the definition of "exit day" in the EU Withdrawal Act. MPs would get a chance to vote on this change. | Second, the government would have to table a statutory instrument to change the definition of "exit day" in the EU Withdrawal Act. MPs would get a chance to vote on this change. |
If the EU refused to re-enter negotiations, the government would have to plump for one of the other options instead. | If the EU refused to re-enter negotiations, the government would have to plump for one of the other options instead. |
The withdrawal agreement - what it all means | The withdrawal agreement - what it all means |
Brexit: A really simple guide | Brexit: A really simple guide |
4. Another referendum | |
The government could instead choose to have another referendum. | The government could instead choose to have another referendum. |
As with a renegotiation or early election, this might well require an extension to Article 50. It's already too late to hold a referendum before 29 March. | As with a renegotiation or early election, this might well require an extension to Article 50. It's already too late to hold a referendum before 29 March. |
And it can't just happen automatically. The rules for referendums are set out in a law called the Political Parties, Elections and Referendums Act 2000. | And it can't just happen automatically. The rules for referendums are set out in a law called the Political Parties, Elections and Referendums Act 2000. |
There would have to be a new piece of legislation to make a referendum happen and to determine the rules, such as who would be allowed to vote. | There would have to be a new piece of legislation to make a referendum happen and to determine the rules, such as who would be allowed to vote. |
It couldn't be rushed through, because there has to be time for the Electoral Commission to consider and advise on the referendum question. | It couldn't be rushed through, because there has to be time for the Electoral Commission to consider and advise on the referendum question. |
The question is then defined in the legislation. | The question is then defined in the legislation. |
Once the legislation has been passed, the referendum couldn't happen immediately either. There would have to be a statutory "referendum period" before the vote takes place. | Once the legislation has been passed, the referendum couldn't happen immediately either. There would have to be a statutory "referendum period" before the vote takes place. |
Experts at University College London's Constitution Unit suggest that the minimum time for all of the required steps above is about 22 weeks. | Experts at University College London's Constitution Unit suggest that the minimum time for all of the required steps above is about 22 weeks. |
Even if that could be shortened a little, it would still take us well beyond the end of March. | Even if that could be shortened a little, it would still take us well beyond the end of March. |
5. Call a general election | |
Theresa May could decide the best way out of the deadlock would be to hold an early general election - in order to get a political mandate for her deal. | Theresa May could decide the best way out of the deadlock would be to hold an early general election - in order to get a political mandate for her deal. |
She doesn't have the power just to call an election. But, as in 2017, she could ask MPs to vote for an early election under the terms of the Fixed Term Parliaments Act. | She doesn't have the power just to call an election. But, as in 2017, she could ask MPs to vote for an early election under the terms of the Fixed Term Parliaments Act. |
Two-thirds of all MPs would need to support the move. The earliest date for the election would be 25 working days later but it could be after that - the prime minister would choose the precise date. | Two-thirds of all MPs would need to support the move. The earliest date for the election would be 25 working days later but it could be after that - the prime minister would choose the precise date. |
As with the "renegotiate" plan, this course of action could also involve a request to the EU to extend Article 50. | As with the "renegotiate" plan, this course of action could also involve a request to the EU to extend Article 50. |
6. Another no-confidence vote | |
Labour could table another motion of no confidence in the government at any time. | Labour could table another motion of no confidence in the government at any time. |
Under the Fixed Term Parliaments Act 2011, UK general elections are only supposed to happen every five years. The next one is due in 2022. | Under the Fixed Term Parliaments Act 2011, UK general elections are only supposed to happen every five years. The next one is due in 2022. |
But a vote of no confidence lets MPs vote on whether they want the government to continue. The motion must be worded: "That this House has no confidence in Her Majesty's Government." | But a vote of no confidence lets MPs vote on whether they want the government to continue. The motion must be worded: "That this House has no confidence in Her Majesty's Government." |
If a majority of MPs vote for the motion then it starts a 14-day countdown. | If a majority of MPs vote for the motion then it starts a 14-day countdown. |
If during that time the current government or any other alternative government cannot win a new vote of confidence, then an early general election would be called. | If during that time the current government or any other alternative government cannot win a new vote of confidence, then an early general election would be called. |
That election cannot happen for at least 25 working days. | That election cannot happen for at least 25 working days. |
Other possibilities | Other possibilities |
The European Court of Justice has ruled that it would be legal for the UK to unilaterally revoke Article 50 to cancel Brexit (without the need for agreement from the other 27 EU countries). | The European Court of Justice has ruled that it would be legal for the UK to unilaterally revoke Article 50 to cancel Brexit (without the need for agreement from the other 27 EU countries). |
With the government still committed to Brexit, it's very likely that a major event such as a further referendum or change of government would have to happen before such a move. | With the government still committed to Brexit, it's very likely that a major event such as a further referendum or change of government would have to happen before such a move. |
After Theresa May survived a challenge to her leadership, the Conservative Party's rules mean she won't face another for 12 months. | After Theresa May survived a challenge to her leadership, the Conservative Party's rules mean she won't face another for 12 months. |
But she could always decide to resign anyway, if she can't get her deal through and she's not prepared to change course. | But she could always decide to resign anyway, if she can't get her deal through and she's not prepared to change course. |
That would trigger a Conservative leadership campaign which would result in the appointment of a new prime minister. | That would trigger a Conservative leadership campaign which would result in the appointment of a new prime minister. |
She might also come under pressure to resign if MPs pass a "censure motion" - that would be a bit like a no-confidence vote but without the same automatic consequences. Again this could lead to a change in prime minister or even a change in government. | She might also come under pressure to resign if MPs pass a "censure motion" - that would be a bit like a no-confidence vote but without the same automatic consequences. Again this could lead to a change in prime minister or even a change in government. |
Whoever ended up in charge would still face the same basic range of Brexit options though. | Whoever ended up in charge would still face the same basic range of Brexit options though. |
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