«Breaking News» How will Brexit be delayed and will MPs get to vote on it?

A delay to Brexit is now almost inevitable - but Theresa May still needs to get an agreement from the EU and change UK law.

With just 11 days until Britain was supposed to leave the EU, the Prime Minister must negotiate the terms of any delay in Brussels and win a Commons vote on the new date. 

The terms are still dependent on whether MPs agree the deal before Mrs May travels to Brussels for the EU summit on Thursday. If they do, she will seek a short extension to sort out the UK's laws - if they do not, she will push for a longer delay.

In both cases there will be a vote in the Commons and Lords next week to agree the new date.

MPs will not be allowed to pass amendments to change the date - they will be told to agree or disagree with whatever Mrs May comes home with.

A delay to Brexit is now almost inevitable - but Theresa May still needs to get an agreement from the EU and change UK law

Why is Brexit day set on March 29, 2019? 

There are two reasons. The first because it is the second anniversary of Britain formally telling the EU it wished to leave by invoking Article 50 of the Lisbon Treaty. 

This triggered a two-year divorce negotiation that will expire on March 29.

The second reason is because British laws on leaving specify 11pm on March 29, 2019, as 'exit day'.

Writing this into law triggered a political fight in the Commons because it was not actually necessary but the Government insisted on doing it.

What needs to happen for the date to be changed? 

There are again two processes. First, Theresa May will need to go to Brussels and get political agreement for delay and the terms on which it happens.

The second is British law will need to be changed to amend the date of Brexit. This will require a vote in both Commons and Lords.

What will happen at the EU Council? 

Whatever the terms of delay, the Prime Minister will ask EU leader for what she wants and then they will make a decision - without her. Brexit issues are decided only by the 27 remaining states, without a British say.

A delay to Brexit must be agreed unanimously - all EU states have a full veto. 

Mrs May has said if MPs have passed her deal, she will ask EU for a short extension of a couple of months to sort out UK law. If MPs have not passed the deal, she will have to ask for a 'much longer' extension.

What needs to happen in the UK? 

Once a new date is agreed, the European Union (Withdrawal) Act 2018 has to be amended. This must be done via Statutory Instrument - a form of 'secondary legislation' that changes the law without going through the full parliamentary process.

A minister will table the SI in Parliament setting out the new date for Brexit. The law says it must be done via the 'affirmative' procedure - this means there will have to be a straight vote in both the Commons and Lords, with no possibility of amendment.

Whatever the terms of delay, the Prime Minister will ask EU leaders for what she wants and then they will make a decision - without her - in the lurid summit room in Brussels (file) 

Will it happen? 

At this point, almost certainly. We know from last week there are enough votes in the Commons to block no deal. The EU also does not want no deal and is thought likely to agree both versions of the extension plan at the summit.

Can a no deal Brexit still happen on March 29? 

Yes - if there is no political agreement on changing the date at the EU Council or Parliament rejects the SI, Brexit will still happen as the legal default.

Could Brexit happen on March 29 with the deal? 

No - even if MPs pass the deal this week there is no practical way to get all the necessary laws through in time. Delay could in theory be limited to a couple of weeks, potentially.    

Link hienalouca.com

https://hienalouca.com/2019/03/18/how-will-brexit-be-delayed-and-will-mps-get-to-vote-on-it/
Main photo article A delay to Brexit is now almost inevitable – but Theresa May still needs to get an agreement from the EU and change UK law.
With just 11 days until Britain was supposed to leave the EU, the Prime Minister must negotiate the terms of any delay in Brussels and win a Commons vote on the new...

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