An Amendment to the Cooper Letwin Bill

What follows is a draft clause for the Cooper/Letwin Bill which puts into the hands of Parliament the in extremis decision whether to revoke or No Deal.

*          Duty to seek the consent of the House of Commons to leave the EU without a withdrawal agreement

(1)        Subsection (2) applies if, at midday on the House of Commons sitting day immediately prior to the day when, by virtue of Article 50(3) of the Treaty on European Union, that Treaty and the Treaty on the Functioning of the European Union would cease to apply to the United Kingdom:

(a) no withdrawal agreement has been ratified in accordance with section 13 of the European Union (Withdrawal) Act 2018; and

(b) no agreement has been reached under Article 50(3) of the Treaty on European Union to extend the date at which the Treaties shall cease to apply to the United Kingdom.

(2)        Her Majesty’s Government shall immediately put a motion to the House of Commons in the form set out in subsection (3) following.

(3)       The form of the motion for the purposes of subsection (2) shall be:

“the House agrees to leave the European Union without a Withdrawal Agreement.”

(4)        If the House of Commons does not approve the motion at subsection (3) above, Her Majesty’s Government must immediately notify the European Council that the notification given by the United Kingdom under Article 50(2) of the Treaty on European Union, of its intention to withdraw from the European Union, is revoked.

***

It is clear from the Business of the House Motion of 3 April 2019 that amendments made in the House of Lords can be considered in the Commons on their return.

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