Welcome to 2019! @fascinatorfun posts a link to an article in which Ken Clarke backs the revocation of A50, tags me, and I am overwhelmed by thousands of expressions of support for revocation. 1/
I made the argument for revocation a few weeks ago, on the back of the CJEU decision in Wightman, which makes it clear that the UK can unilaterally revoke A50, and remain in the EU. See: blogs.lse.ac.uk/brexit/2018/12… 2/
As Ken Clarke says, revocation comes into play if the WA is rejected in Parliament when the 'meaningful vote' occurs in the Commons (presumably in mid January). The EU has been clear that there will be no renegotiation. 3/
The stark alternatives are no deal or revoke. Or an attempt could be made to resurrect the WA (perhaps with a tweaked political declaration, pointing more clearly towards a closer future relationship with the EU). 4/
Political attention has been focused on enabling the majority in Parliament which (we think) opposes the deal, and also opposes the default outcome, no deal, to find a path forward to prevent no deal chaos. 5/
Some advocate supporting the deal after all. That would indeed prevent no deal. But, this is not a good deal. Both remainers and Brexiters have a range of reasons to dislike it. See: legalresearch.blogs.bris.ac.uk/2018/11/why-th… 6/
@chrisgreybrexit puts it characteristically well here: 7/
Many more advocate a people's vote; pitting the Govt's deal against remain. Again, I see many problems with this route. The Govt's deal is not a Brexit outcome which appeals to Brexiters. It will need an A50 extension. It will be very divisive. 8/
I argue instead for revocation. I am very pleased by Ken Clarke's intervention. I am also pleased to see the enthusiasm of many remainers, many of them PV supporters, for this course of action. But... that is not enough. 9/
To become a credible route forward, revoke has to attract the support of not only remainers, but also Brexiters who are opposed to both the WA and no deal. It has to attract support where the people's vote may not. 10/
At first glance, it may be difficult to see how this can be possible. How can Brexiters agree to abandon the will of the people, and allow Parliament to end the Brexit process? 11/
The answer lies in the ability to revoke, and then to reconsider. Is this lawful? Yes. @akulith sets out the legal position here: 12/
The decision to revoke has to be unconditional and unequivocal. It ends the A50 process. The UK remains an EU member state. Its status is unchanged. It retains the right, for example, to make the sovereign decision to leave the EU. 13/
My suggestion then, for all MPs in all parties who are opposed to the WA and to no deal, is to revoke Article 50, but to make a commitment to reexamine Brexit. To consider whether, and if so how, we might reconfigure our relationship with the EU. 14/
Cross party consultation, citizens' assemblies, engagement with business, the devolved assemblies, etc etc. The Brexit process which we could and should have had since 2016. 15/
Labour could make the case for its 'jobs first Brexit'. Others for 'Norway (plus)'. Others for Canada. The Irish border issue could be reexamined. The aim would not be to close the conversation, but to have the conversation in a better way. 16/
I am confident that this process would lead to a strong commitment to the EU; and that it would become clear that there is no Brexit deal which offers the balance of advantages which come with EU membership. But, I may be wrong. 17/
The key point for now is to persuade not only remainers, but also Brexiters, to rally behind revoke (and reconsider), and prevent no deal. That means accepting the fact that revoke cannot be forever, and will not end the Brexit debate. 18/
I can see the temptation to bring the sorry saga to an end. To vote for the deal. Or, alternatively, to force a people's vote between an unpopular deal and remain. But neither of these routes would heal the divisions in the UK. 19/
If we vote for the deal, we will immediately fall into a discussion about the future relationship; Norway, Canada, backstops etc. A people's vote with the WA as the Brexit option would be derided by most Brexiters. And yes, there will be calls for 'best of 3'. 20/
It is inevitable that healing divisions will take time. Revoke (and reconsider) gives us that time, and enables us to consider our options, in our own time, while we remain members of EU (as we should have done before rushing to trigger A50). 21/
The challenge for revoke (and reconsider) is to gather support in Parliament, and in particular, to appeal to those, like the Labour leadership, who are uncomfortable with the people's vote. 22/
My sense is that this may be the best route forward; but it is going to have to make a lot of progress in the weeks ahead if it is to have any chance of becoming a reality. Ends (finally). 23/23
