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Mark Elliott
@ProfMarkElliott
, 3 tweets, 1 min read Read on Twitter
This is merely symbolic. Even when relevant provision of EU (Withdrawal) Act 2018 is brought into force, it repeals the EC Act 1972 only with effect from 'exit day'. If (eg) UK negotiated further extension, 'exit day' could be amended and ECA repeal deferred accordingly.
And, to be absolutely clear, bringing section 1 of the Withdrawal Act (which provides for repeal of the EC Act) before 31 October does *not* bring forward the date of EC Act's repeal: it will not be repealed prior to 'exit day', which is currently defined as 31 October.
The upshot? Contrary to this report, commencing section 1 of Withdrawal Act doesn't 'cement' the 'do or die' pledge: it just activates the provision that repeals EC Act on 'exit day', while leaving open the possibility of 'exit day' being amended in the event of an extension.
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Mark Elliott
@ProfMarkElliott
In a piece I wrote yesterday, I challenged various suggestions made by Vernon Bogdanor in a Guardian article. He has now written an article in the Times making similar/further suggestions that seem to me to be highly questionable. /1 thetimes.co.uk/article/how-th…
First, Bogdanor says a no-deal Brexit could be prevented by legislating to extend the Article 50 period or to repeal the EU (Notification of Withdrawal) Act 2017. /2
But Parliament cannot extend the Article 50 period: at most, it can require the Prime Minister to ask the EU to do so, as it did via the Cooper-Letwin Bill in March; the EU would be at liberty to extend or not at its discretion. /3
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Mark Elliott
@ProfMarkElliott
This is a truly extraordinary article, in which John Finnis advocates proroguing Parliament until after 12 April, in order to 'terminate parliamentary debate' on Brexit.

A short thread. /1
Finnis goes on to argue that this would be 'wholly legitimate as a matter of constitutional principle' and would be 'in the interests of good government' and the 'responsible conduct of our international relations'. /2
Finnis seeks to justify this argument by reference to the referendum, to which he appears to attach such paramount importance as to warrant the deliberate termination of parliamentary debate. /3
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Mark Elliott
@ProfMarkElliott
A short thread on today's indicative votes, and what they tell us about the Brexit process so far. /1
MPs will be voting on an extraordinary range of options, including the revocation of Article 50, a second referendum, Labour's so-called softer Brexit and 'Common Market 2.0'.

This suggests three things. /2
First, that the range of views in Parliament remains so diverse that a consensus that a clear majority of MPs can gather around is very unlikely to emerge (at least any time soon - and, in this context of course, every day counts). /3
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Chappers
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Adam Tucker
@AdamJTucker
A thread on "exit day"

In summary - there will be a big mess if the SI changing exit day isn't made; but it isn't the mess people seem widely to be expecting
The legal position is this:

Brexit day is, for now, 12 April (it might be extended further)
Exit day is, for now, still 29 March (the gvt has the power to align it with Brexit day)
.@ProfMarkElliott has explained the distinction here: publiclawforeveryone.com/2019/03/23/ext…

tl;dr Brexit day is when the UK leaves the EU. Exit day is a trigger date, set in the EU Withdrawal Act, when a collection of domestic legal changes come into force.
Read 21 tweets
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Faisal Islam
@faisalislam
A reminder of the legal power of a Minister under the EU Withdrawal Act 20.4 to delay exit day in domestic law, only to coincide with a delay to when the EU Treaties will cease to apply...
And a further reminder that this was as a result of a compromise authored by Sir Oliver Letwin, backed by Cox and Jenkin in December 2017 to essentially provide a disarming mechanism for the Governments own exit date amendment...
- that would suggest that Government has power to delay exit date only to a specific new date that he been indicated or agreed in the Brexit negotiation. That has to be agreed/negotiated with EU27 unanimously under Article 50.3.

Big question would be - under what conditions?
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Penny Midas Rollo
@PennyMidasRollo
001/ [article content in this tweet series 001-180 reproduced with permission from Martin Howe QC of Lawyers for Britain @lawyers4britain]
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Johann Ketel
@johannketel
“May has left our fingers in the EU mangle but there is a way to get free”; highly dillusional article by ⁦@DavidDavisMP⁩. 1/

thetimes.co.uk/article/335917…
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