Thread by @syrpis

A thread for all 'remainers'. It is March 2019. Brexit day looms ever larger. Many have campaigned since 2016 to remain in the EU. The focus has been on the people's vote. This is a call, at this late stage, to switch tack and to argue for revoke. 1/20 (sorry...)

I have been calling for revoke for a while now. The opportunity to revoke (and reconsider) only became obvious in the wake of the CJEU's decision in Wightman, which made it clear that revocation was the withdrawing state's sovereign right. See blogs.lse.ac.uk/brexit/2018/12… 2/20

And yet, remainers' have argued not for revoke, but instead for a PV; to pit the real concrete Brexit which the Govt has negotiated, against remain. A PV has democratic appeal which revoke does not; but, it comes with all manner of practical and political problems. 3/20

Let's think of the steps which lie ahead. For the UK to remain, via a PV, all of the following need to happen. Parliament must vote (perhaps via Kyle/Wilson on March 12; or perhaps on March 14 (or later)) for a PV. Indications are that it may not. 4/20

A long extension must then be agreed with the EU, together with participation in the EP elections. An at best reluctant TM must negotiate for such an extension with the perhaps reluctant EU. The PV question, and rules, must then be agreed in Parl. 5/20

And of course, remain must win the people's vote. All the while, the process will be derided by Brexiters - who will, with some justification, feel that the choice offered is merely one between a bad Brexit and no Brexit. 6/20

This seems to me to be a hard ask. It effectively takes all possible versions of Brexit except the WA off the table. Yes, it offers the people the chance to choose between a concrete leave and remain, but for many it is just the wrong concrete leave. 7/20

So... what if, instead of focusing on the PV, MPs decided to consider the revoke option. If (and it is big if) a majority in Parliament could be found to revoke, Parliament could instruct TM to do so (eg next week). 8/20

There would be no need for EU approval (unlike extension, revocation is a unilateral right), and no need for an extension. No deal planning would end. But it would it not be a democratic outrage, fanning the flames of UKIP and the ERG? 9/20

The risk is certainly there. It depends, imv, very much on how revoke is framed. EU law demands an unconditional and unequivocal revocation - not eg a pause, eg to buy time. Brexit would end, and the UK would remain an EU member state. 10/20

But... EU law does not limit the UK's sovereign right to examine its relationship with the EU, and if a fresh democratic mandate emerges, even to trigger Article 50 again. 11/20

Those who want to make the case for Brexit will, and can, and should be afforded the space to, make that case. The ERG, UKIP, the Labour leadership, could all make the case for their versions of Brexit. 12/20

If and when a majority consensus emerged for a particular version of leave (perhaps in the advent of new technological solutions?), it would be possible for the UK to trigger again (this time, please, only with a concrete plan). 13/20

Such a consensus could emerge via another referendum, via citizens' assemblies, via cross-party groups in Parliament... the sorts of things which could and should have been done since 2016, but which the Govt has singularly failed to do. 14/20

The key point is that revoke can be framed in such a way as to appeal not only to remainers, but also to some leavers who are exasperated with the way in which the Govt has handled Brexit. 15/20

Revoke would be the result of huge political failure - responsibility for which is shared by all MPs, but which lies mainly at the Government's door. The challenges involved in rebuilding trust and confidence will be huge (as with all the other options). 16/20

Revoke and reconsider has the potential to start that process; to engage properly with people, and reexamine the nature of the UK's relationships with the EU and the wider world. 17/20

The onus on remainers will be to make the case for the EU, and to resist the challenges from those who want that relationship to be reconfigured. One might hope that the case will be rather better made than in 2016. 18/20

The first step is simple. Next week, remainers should be making the case that the Government has failed. That if, at the end of the 2 years, neither the Government's deal nor no deal can command a majority in Parliament, there is no possible Brexit path forward. 19/20

There is not even a credible Brexit to put to the people. So... Parliament has no option but to revoke and remain within the EU. It is a simple case; and it is one which 'remainers' have thus far failed to make. 20/20