Reply to: EU takes control: Humiliated Theresa May is given just a two week extension

[Whorty]

Thank **** we're sorting that one out!

Maybe

[Zigenare]

The UK defers to EU law, the exit day 29th March was set by EU law, that EU law has now been changed so that the exit date is 12th April. If the parliament does nothing, the UK does not exit the EU on 29th March.

Aren't they clever, the EU.

Thank **** we're sorting that one out!

[BlasterBates]

The EU wasn't born yesterday.

[BlasterBates]

The key is if a vote of no confidence in the government wins (the ayes have it) then then government ceases to exist and is replaced with an interim government which lasts only two weeks (enough time to put a GE in place). At this point parliament has no power to bring forth any new legislation and hence the 29th march (currently enshrined in UK law) cannot be changed. Therefore the default position would be no deal on the 29th March. The point at which a vote of no confidence is tabled and wins parliament is effectively dissolved, although it continues to sit for two weeks to arrange the technicalities/legalities/niceties' of a GE.

The UK defers to EU law, the exit day 29th March was set by EU law, that EU law has now been changed so that the exit date is 12th April. If the parliament does nothing, the UK does not exit the EU on 29th March.

Aren't they clever, the EU.

[TheCyclingProgrammer]

Forcing A GE now can only result in a no deal as we are legally, as of today, still leaving on the 29th March. Until both UK and EU law is changed that is the default position.

The agreement from last night will be legally ratified by the EU today. This officially changes the leave date, regardless of any UK legislation.

The "exit date" in UK law does not define the day that EU treaties cease to apply - EU law does. However the "exit date" in UK law is still important as it is used by reference in numerous other pieces of Brexit legislation so it does still need to be changed to be the same as the actual leave date to avoid all kinds of legislative nightmares.

The exit date in UK law will be changed next week by statutory instrument.

Changing EU ‘exit day’ by Statutory Instrument | Hansard Society

[Old Greg]

The Withdrawal Agreement has changed.

29 March 2019 -> 12 April 2019

[stonehenge]

The Withdrawal Agreement has changed.

29 March 2019 -> 12 April 2019

[Hobosapien]

Can she even do that? Didn't she try already a couple of days ago but John Bercow ruled out the option of voting again on the same deal?

If that was the case, it would mean no deal? She cannot ask mp's to vote on that same deal and the EU has made it clear many times that that's the only deal UK is ever going to get. I don't know...

Well she is still banging on about holding another vote next week so she must know it is possible, or maybe not. She may just be totally cuckoo and needs a hard reset.

[stonehenge]

Therefore the default position would be no deal on the 29th March.

Secondary legislation is already being tabled to change that date to 12 April.

[MattZani]

May has no plan B she will keep putting the same plan to the same vote until she gets enough MPs to back it, either by bribery (DUP more money) or fear ('my deal or no deal').

Can she even do that? Didn't she try already a couple of days ago but John Bercow ruled out the option of voting again on the same deal?

If that was the case, it would mean no deal? She cannot ask mp's to vote on that same deal and the EU has made it clear many times that that's the only deal UK is ever going to get. I don't know...

[Old Greg]

The key is if a vote of no confidence in the government wins (the ayes have it) then then government ceases to exist and is replaced with an interim government which lasts only two weeks (enough time to put a GE in place). At this point parliament has no power to bring forth any new legislation and hence the 29th march (currently enshrined in UK law) cannot be changed. Therefore the default position would be no deal on the 29th March. The point at which a vote of no confidence is tabled and wins parliament is effectively dissolved, although it continues to sit for two weeks to arrange the technicalities/legalities/niceties' of a GE.

Parliament can (in advance of a no confidence vote) give itself the power to pass legislation after a no confidence vote.

[Yorkie62]

Parliament can create almost any rule it likes as long as it is not dissolved.

It would be neater however to extend the date of departure and then hold the vote of no confidence.

The key is if a vote of no confidence in the government wins (the ayes have it) then then government ceases to exist and is replaced with an interim government which lasts only two weeks (enough time to put a GE in place). At this point parliament has no power to bring forth any new legislation and hence the 29th march (currently enshrined in UK law) cannot be changed. Therefore the default position would be no deal on the 29th March. The point at which a vote of no confidence is tabled and wins parliament is effectively dissolved, although it continues to sit for two weeks to arrange the technicalities/legalities/niceties' of a GE.

[Old Greg]

It all depends on how the GE is enabled. If a vote of no confidence in the government is raised and it wins. The government effectively steps down immediately and no further legislation can be passed (including changing the date of our departure). There is then a two week period with an interim government with no effective power to change anything before parliament is dissolved and a GE process started. There are less than 2 weeks to go to the 29th March which under the above scenario means we leave with no deal on the 29th March. I agree its a high stakes gamble, but it gives JC what he desires most.

Parliament can create almost any rule it likes as long as it is not dissolved.

It would be neater however to extend the date of departure and then hold the vote of no confidence.

[Yorkie62]

Wow, you're on a roll today. Nope, wrong again ... try to work out why a GE would not lead to a no-deal crash out

It all depends on how the GE is enabled. If a vote of no confidence in the government is raised and it wins. The government effectively steps down immediately and no further legislation can be passed (including changing the date of our departure). There is then a two week period with an interim government with no effective power to change anything before parliament is dissolved and a GE process started. There are less than 2 weeks to go to the 29th March which under the above scenario means we leave with no deal on the 29th March. I agree its a high stakes gamble, but it gives JC what he desires most.

[tazdevil]

Forcing A GE now can only result in a no deal as we are legally, as of today, still leaving on the 29th March. Until both UK and EU law is changed that is the default position.

Correct and we should simply leave, deal or no deal, the consequences will have to be managed but down the road we'll be glad we went through the pain of leaving. The politicians have been woeful, negligent and lazy but leaving is what we must do. Brexit isn't a party political thing and should have been handled by a cross party coalition from the beginning. Number 10 acting like they owned the problem and the MP's and other parties carping from the side lines instead of being proactive was always going to be a disaster but now they'll need to get a spine. Not holding my breath on that but we will be better out than in especially as we've now soured the milk