1/ The Withdrawal Agreement or the risk of there being no Withdrawal Agreement should be subject to a final say for all by the Autumn of 2018
2/ While the Government considers that the referendum has given it a mandate to leave the EU, the terms of departure in 2016, 2017 and as of today were and are not certain.
3/ The European Parliament will be able to vote on the Withdrawal Agreement and presumably there is always a risk it may not vote in favour of it.
4/ The Government has promised the UK Parliament a meaningful vote on the Withdrawal Agreement. At the moment the Government says that vote will be binary - accept the deal or accept there will be no deal. That is not good enough.
5/ Not only does that choice constrain Parliament, it does not address what happens if Parliament approves the Withdrawal Agreement but the European Parliament votes against it. That could lead to a no deal scenario that has not been approved by UK Parliament.
6/ The Government's own guidance makes clear that the Withdrawal Agreement will require an Act of Parliament to have domestic effect. It is up to Parliament to decide whether to attach conditions to any approval of the Withdrawal Agreement.
7/ Conditions could include an option to revoke the article 50 notice if the Withdrawal Agreement is voted down before say 20 March 2019 or seek an extension of the two period so that there is no risk of a cliff edge for either the UK or the EU.
8/ Parliament should be free to determine in good time what happens if it rejects the Withdrawal Agreement or if the EU rejects the Withdrawal Agreement. It should not limited in its options to influence what happens.
9/ Yes, as it stands by operation of law the UK will leave the EU on 29 March 2019 but until that point the UK Parliament has options, including revoking article 50.
10/ There is a broader principle which is that having asked the UK if it wishes to leave, the UK should be asked whether it is prepared to agree the specific terms of departure agreed, leave with no deal, change the terms of departure or remain.
11/ That ought to be a question for Parliament and as we know Parliament should not be constrained.
12/ There is also a strong argument that the final terms, leaving with no deal or remaining should be put to the public in a new referendum.
13/ If the Government insists only the will of the people determines the UK's approach to the EU, then only the people should be able to determine the final outcome.
14/ The people should not be constrained in the available choices, including remaining, when that is still a legitimate option before 29 March 2019. Otherwise the will of the people in 2016 trumps the will of the people in 2018. That is illogical.
15/ The European Union Act 2011 is currently in force in the UK and there is a good argument it should apply to the Withdrawal Agreement and any consequences that flow from accepting or rejecting the Withdrawal Agreement.
16/ Section 1 of the 2011 Act says any treaty that amends or replaces the TFEU needs an Act of Parliament and a referendum.
17/ The Withdrawal Agreement is a treaty and would replace the TFEU insofar as it governs the UK's relationship with the EU. Both the public and Parliament should vote on it.
18/ If both Parliament and the public get to vote on it, they should get to vote on what happens if the Withdrawal Agreement is rejected either by the UK or the EU.
19/ Section 4 of the 2011 Act also identifies situations where competences are extended to the EU and where an EU institution can impose obligations on the UK or impose sanctions on the UK.
20/ A Withdrawal Agreement is likely to confer competences to the EU where the UK is not a member state and the ECJ will have the power to rule on disputes related to the Withdrawal Agreement and potentially sanction the UK
21/ These concepts further support the spirit of the 2011 Act that the public and Parliament should vote on the Withdrawal Agreement
22/ No doubt the Government will seek to curtail the scope of the 2011 Act this year. If it does so, you know it is not interested in the UK "being in control of its own laws, money and borders".
23/ So if MPs still value democracy they should use the time between now and the Autumn to lobby the Government to achieve the best deal possible (which to preserve the rights of citizens, jobs and the GFA should be staying in the SM and a CU as minimum).
24/ MPs should also lobby for practical contingencies in case the best deal possible is not good enough. That includes the option of revoking Article 50 if it is in the national interest.
25/ That effort would help ensure a meaninful vote on the final deal by both the public and Parliament and avoid the risk of a no deal scenario or a hard Brexit (for which based on the general election there is no mandate)
26/ And while the Cambridge Analytica scandal casts a shadow over the integrity of our democractic processes, the answer to that is not to ignore its potential impact but to ensure those who broke the rules are punished and to ensure it never happens again
27/ And more importantly to put the final vote to the public and Parliament so that there is no argument that the public and Parliament have been bypassed in implementing a referendum whose fairness is impugned.
28/ And if you agree with me, then take note of this proposed amendment by the House of Lords which endeavours to provide appropriate safeguards regarding the Withdrawal Agreement. thanks to @SarahLudford publications.parliament.uk/pa/bills/lbill…
29/ Please ask your MP to support the amendment on page 12 as a minimum
