Brexit on the Brink: The United Kingdom’s Plan for Brexit Remains Uncertain as the European Union Agrees to Extend the Deadline for Brexit

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On March 29, 2019, Parliament voted down, for a third time, Prime Minister Theresa May’s plan for the United Kingdom to leave the European Union (“EU”). As a result, it remains unclear what the next steps for the Brexit process will be. Currently, the United Kingdom is scheduled to leave the European Union on April 12, 2019, which is the new deadline for Brexit after the EU extended the existing deadline, which had been March 29, 2019.

Given that a majority of the members in Parliament opposes a departure from the EU without a withdrawal agreement, the United Kingdom is likely to request a further extension of the departure date. Nonetheless, it is worth noting that a significant minority of Parliament -- most of whom are members of the governing Conservative Party -- would prefer to leave the EU without a withdrawal agreement. As a result, it is still possible that the United Kingdom could leave the EU without adopting a formal withdrawal agreement.

On April 1, 2019, the Parliament voted on four different options for dealing with Brexit. Parliament failed, however, to support any of the options. The four options considered by Parliament included:

1. Revocation of Brexit: Under this option, the Government would revoke the United Kingdom’s notification that it was departing from the EU. Parliament conclusively rejected this option.

2. Second Referendum on Brexit: Under this option, the Government would ask the British public to vote on Brexit for a second time. Unlike Option 1, this option was narrowly defeated in Parliament, losing by a 12-vote margin. 292 members of Parliament voted against the option and 280 members voted for the option.

3. Establishment of a Customs Union: Under this option, the United Kingdom would leave the EU but would establish a customs union with the EU. Under this approach, the United Kingdom would maintain an open border in Ireland, which is a legal and political imperative in the Brexit debate. The vote on this option was even closer than the vote on Option 2, with 276 members of Parliament voting against the option and 273 members voting in favor of it.

4. Establishment of Common Market 2.0: Under this option, the United Kingdom would join the European Free Trade Agreement (EFTA) and the European Economic Area (EEA). This option would tie the UK to most of the EU single market, and would allow the free movement of persons, with some qualifications. The proposal would necessitate the creation of a customs union with the EU, which would avoid the possibility of a hard border between Ireland and Northern Ireland. This option was narrowly defeated in Parliament, with 282 members voting against the option and 261 members voting in favor of it. Its main proponent, Conservative MP Nick Boles, resigned from the Conservative Party in Parliament following the vote.

Prime Minister May is expected to bring her Withdrawal Agreement back to Parliament for another vote, making the case that the Agreement is the best alternative to a disorderly Brexit. The Prime Minister intends to ask for another extension of the dealine for Brexit until Mary 22, 2019, which will allow the United Kingdom obtain support for one of these alternatives in Parliament. It is, however, unclear whether the EU will grant such an extension unless there is a general election or a new referendum in the United Kingdom.

At this point, it is uncertain how the debate will play out in Parliament. It appears that the establishment of a customs union with the EU has best chance of being approved by Parliament. In light of the continued divisions in Parliament, however, there may be growing support in the United Kingdom for a general election or a new referendum on Brexit.

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