Article 50 of the Treaty on European Union provides that any
Member State may decide to withdraw from the EU in accordance
with its own constitutional arrangements. It also provides that
the EU and the withdrawing state shall negotiate an agreement
setting out arrangements for its withdrawal. The withdrawing
Member State will cease to be a member of the EU when the
withdrawal agreement comes into force, or failing that, two
years after notifying the EU of its intention to leave.
In the UK’s case, the notice to withdraw from the EU was issued
on 29 March 2017. The UK will therefore leave the EU on 29
March 2019, unless a withdrawal agreement with the EU provides
for another exit day or the UK Government withdraws the Article
50 notice or there is agreement with the EU to extend the
Article 50 notice period.
The Prime Minister has been clear that she intends to deliver
on the 2016 referendum result in taking the UK out of the EU,
and that the Government will not revoke Article 50. She has
also spoken againstthe
possibility of extending Article 50. She has
also repeatedly stated
that the UK will leave the EU on 29 March 2019. The House of
Commons voted to reject amendments that would have enabled an
extension of Article 50 following the debate on the Government
statement on the Brexit negotiations on 29 January 2019.
A Withdrawal Agreement (WA) was approved by the UK Government
and EU leaders at the European Council on 25 November 2018.
This provides for the UK to leave the EU on 29 March 2019, and
will come into force provided it is first approved by both the
UK (meaning approval by the House of Commons) and EU (requiring
approval by both European Parliament and Council of the EU).
In the vote on the WA in the House of Commons on 15 January, it
was defeated by 432 votes to 202. Following the debate and vote
on the Government’s next steps in
the Brexit process on 29 January, the Prime
Minister set out her
intention to seek further negotiations with the EU on the WA,
in order to obtain legally binding changes to the most
contentious element of the WA, the Northern
Ireland/Ireland backstop, that would
be acceptable to a majority in the House of Commons. The EU has
indicated it is unwilling to re-open negotiations on the
WA.
If the Government is unable to reach agreement with the EU on
changes to the WA or on other assurances that are acceptable to
the House of Commons, then the UK will leave the EU without a
deal on 29 March 2019 unless there is a change in the
Government position on extending or revoking Article 50.
Foreign Secretary indicated on 31
January 2019 that an extension of Article 50 could be requested
if the WA is approved shortly before 29 March, in order to
provide for extra Parliamentary time to pass legislation to
prepare for Brexit.
