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23 October 2019
Issue: 7861 / Categories: Legal News , Brexit , EU , Constitutional law
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All Hallows Brexit unlikely

Ratification of Withdrawal Agreement Bill put on hold… for now 

EU leaders have indicated a Brexit extension will be granted, following the latest defeat for the government.

MPs voted 329-299 to move the prime minister’s withdrawal agreement bill to the second reading stage, where a number of amendments are likely to be sought, including membership of a customs deal and putting the agreement to the public in a remain versus withdrawal agreement referendum.

Following this victory, however, the prime minister’s hopes of a Halloween Brexit were all but dashed within the hour when MPs rejected by 322-308 votes his accelerated timetable to push the 110-page Bill through Parliament within three days. Prime Minister Johnson immediately paused the Bill, reneging on an earlier threat to abandon it altogether.

Donald Tusk, president of the European Commission, later that evening indicated an extension to the Art 50 process would be granted, tweeting: ‘Following PM @BorisJohnson’s decision to pause the process of ratification of the Withdrawal Agreement, and in order to avoid a no-deal #Brexit, I will recommend the EU27 accept the UK request for an extension. For this I will propose a written procedure.’

The prime minister had previously requested an extension to 31 January 2020, in compliance with the Benn Act (European Union (Withdrawal) (No. 2) Act 2019).

Simon Parsons, formerly associate professor of law at Solent University, said the second reading of the withdrawal agreement bill would be ‘a historic moment in the Brexit saga’ and Boris Johnson ‘will now be able to say in the inevitable general election campaign that he has the right deal for the country’.

However, Sir Keir Starmer, shadow Brexit secretary, said the proposed withdrawal agreement, which only runs until the end of 2020, contains a ‘trapdoor’ to a no-deal Brexit.

Moreover, the prime minister has lost the support of the Democratic Unionist Party due to the agreement’s ‘border in the Irish sea’ and the revelation that Northern Ireland businesses will have to fill out export declaration forms when sending goods to Great Britain.

A general election could be called if two-thirds of MPs agree or if a vote of no confidence is passed and opposition MPs are unable to form an alternative government within two weeks.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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