Alas, they got a majority vote in favour of leaving with no deal. That’s the European Union (Withdrawal) Act 2018.
Parliament voted to leave. It also voted to get to approve/reject the withdrawal agreement. It did not approve. So what next?
We move on to s. 13 (4).
Subsection (4) provides that a Minister of the Crown must, within the period of 21 days
beginning with the day on which the House of Commons decides not to pass the resolution
mentioned in subsection (1)(b), make a statement setting out how Her Majesty’s Government
proposes to proceed in relation to negotiations for the United Kingdom’s withdrawal from the
EU under Article 50(2) of the TEU.
Subsection (5) sets out the format of a statement made under subsection (4), saying that it
must be made in writing and be published in such manner as the Minister making it considers
appropriate.
Subsection (6) provides that a minister of the Crown must make arrangements for:
• a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in subsection (4) (on how the Government proposes to proceed in relation to negotiations), to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the statement is made;
and
• a motion for the House of Lords to take note of the statement to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the statement is made.
All from the explanatory notes here:
All of that just means that Parliament gets to look at and approve/reject any proposed deal.
If they keep rejecting, we either leave on no-deal or the government goes ahead and ratifies the Withdrawal Agreement without Parliamentary approval.
That is theoretically possible.
see the last section.
At that point, they stated that the withdrawal agreement is unlikely to be ‘an exceptional circumstance’ but given that we have now had:
a) a Tory party internal vote of no confidence - which May won.
b) a Parliament voting against the deal - but no indication that there is any Parliamentary consensus in favour of anything else,
and we are likely to have the government winning a vote of no confidence triggered by the rejection of the deal by the largest government defeat in history,
it’s hard to see how that isn’t exceptional circumstances.
It still seems vanishingly unlikely but I could see Theresa doing it.
The rhetoric of “this is the only deal on the table” and the bits in her statement after the vote about “tonight’s vote tells us nothing about what [the House] does support” and how they would discuss with members of the House “ideas that are genuinely negotiable and have sufficient support in this House” could nicely set up an argument that if they can claim to have done that and the House is still unable to come up with anything they agree on, the Government should/must act without Parliament’s approval.
It would be incredibly autocratic but with May’s record…