Timescale for Setting Out Plan for Negotiations if Proposed Agreement for the UK Withdrawal from the EU is Rejected by MPs — 9 Jan 2019 at 13:57

The majority of MPs voted to require the Government to set out how it proposes to proceed in relation to negotiations for the United Kingdom's withdrawal from the European Union within three Commons sitting days of losing a vote on its proposed withdrawal agreement.

Prior to this vote the Government would have had 21 days to publish its proposals, and a further seven before the proposals would have to be be put before Parliament. A vote on the 4th of December 2018 determined that MPs would be able to vote on a substantive motion, rather than one saying merely they had considered the proposals.

MPs were considering the following motion:

• That the Order of 4 December (Business of the House (Section 13(1)(b) of the European Union (Withdrawal) Act 2018))^[1] be varied as follows:
• 1. Leave out paragraph (2) and insert:
• “(2A) The House shall sit on Friday 11 January.
• (2B) The allotted days shall be Tuesday 4 December, Wednesday 5 December, Thursday 6 December, Monday 10 December, Wednesday 9 January, Thursday 10 January, Friday 11 January, Monday 14 January and Tuesday 15 January.”
• 2. In paragraph (3):
• a. after “this day” insert “and the fifth allotted day”, and
• b. leave out “the Business of the House (Section 13(1)(b) of the European Union (Withdrawal) Act 2018) motion” and insert “a Business of the House (Section 13(1)(b) of the European Union (Withdrawal) Act 2018) motion”.
• 3. In paragraph (4) leave out “and fourth” and insert “fourth, sixth and eighth”.
• 4. In paragraph (6) leave out “up to six amendments” and insert “any number of amendments”.
• 5. Leave out paragraph (7) and insert:
• “(7) On the final allotted day, the Speaker shall put the questions necessary to dispose of proceedings on the European Union withdrawal motion at 7.00pm; and such questions shall include the questions on any amendments selected by the Speaker in accordance with the provisions of paragraph 6 of this Order which may then be moved.”
• 6. After paragraph (9) insert:
• “(9A) Notwithstanding the practice of this House, a Member may be called to speak twice to the Question on the European Union withdrawal motion without the leave of the House.”

The amendment accepted by the majority of MPs in this vote was:

• at end, add
• “7. In the event of the motion under Section 13(1)(b) being negatived or amended so as to be negatived, a Minister of the Crown shall table within three sitting days a motion under Section 13, considering the process of exiting the European Union under Article 50.”

The impact of this vote, in which the amendment was accepted, was to reduce to 3 sitting days, the time within which the government must move a motion on how it proposes to proceed in relation to negotiations for the United Kingdom's withdrawal from the European Union. Section 13(4) of the European Union (Withdrawal) Act 2018, stated:

• A Minister of the Crown must, within the period of 21 days beginning with the day on which the House of Commons decides not to pass the resolution, make a statement setting out how Her Majesty’s Government proposes to proceed in relation to negotiations for the United Kingdom’s withdrawal from the EU under Article 50(2) of the Treaty on European Union.

and section 13(6) began:

• A Minister of the Crown must make arrangements for—
• (a)a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in subsection (4), to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the statement is made...

Article 50 of the consolidated (as amended) Treaty on the European Union states the "[European Union] Treaties shall cease to apply to the State in question" on a state's withdrawal from the European Union". The United Kingdom had given notice of withdrawal from the European Union under Article 50 on the 29th of March 2017.

• [1] Agreed Sitting arrangements for the consideration of a European Union withdrawal motion under section 13 of the European Union (Withdrawal) Act, House of Commons, Official Record, 4 December 2018

Debate in Parliament |