Brexit withdrawal agreement

{{Short description|2020 EU–UK agreement for implementing Brexit}}

{{Redirect|Brexit deal|the trade agreement signed in December 2020|EU–UK Trade and Cooperation Agreement}}

{{Use dmy dates|date=December 2021}}

{{use British English|date=October 2019}}

{{Infobox treaty

| name = Brexit withdrawal agreement

| long_name = Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

| image = Location map of the United Kingdom and the European Union.svg

| image_size = 300px

| alt =

| caption = {{Legend|#f7931e|United Kingdom (UK)}}{{Legend|#003399|European Union (EU) and Euratom}}

| type = Treaty setting out terms of withdrawal

| context = UK withdrawal from the EU (Brexit)

| date_drafted = November 2018
October 2019 (revision)

| date_signed = 24 January 2020

| location_signed =

| date_sealed =

| date_effective = 1 February 2020{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:22020X0131(02)|title=Notice concerning the entry into force of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community}}

| amendment =

| date_expiration =

| date_expiry =

| provisional_application =

| mediators =

| negotiators =


|parties = * {{flag|United Kingdom}}

  • {{flag|European Union}}
    {{flagicon|EU}} Euratom

| condition_effective = Ratification by the European Union (Council of the European Union after consent of the European Parliament), Euratom (Council of the European Union) and the United Kingdom (Parliament of the United Kingdom).

| original_signatories =

| signatories = Boris Johnson for the UK
Ursula von der Leyen and Charles Michel for the EU and Euratom

| ratifiers =

| depositor = Secretary General of the Council of the European Union

| languages = The 24 EU languages

| wikisource =

| wikisource1 =

| footnotes = {{reflist|group=lower-alpha}}

}}

{{Brexit sidebar}}

{{United Kingdom in the European Union}}

The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community,{{cite web |url= https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:12019W/TXT(02)|title= INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES|website=eur-lex.europa.eu |format=PDF|access-date=3 February 2020}}{{cite web|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/862063/TS3202_1.PDF |title=Data |publisher=assets.publishing.service.gov.uk |access-date=3 February 2020}} is a treaty between the European Union (EU), Euratom, and the United Kingdom (UK), signed on 24 January 2020,{{cite news|url=https://www.theguardian.com/politics/2020/jan/24/sombre-eu-leaders-sign-brexit-withdrawal-agreement|title='Fantastic moment': Boris Johnson signs Brexit withdrawal deal|first1=Kate|last1=Proctor|first2=Daniel|last2=Boffey|newspaper=The Guardian |date=24 January 2020|via=www.theguardian.com}} setting the terms of the withdrawal of the UK from the EU and Euratom. The text of the treaty was published on 17 October 2019,{{cite news |url=https://news.sky.com/story/boris-johnson-declares-a-brexit-agreement-in-place-weve-got-great-new-deal-11837542 |title=Boris Johnson declares a Brexit agreement in place – 'We've got great new deal' |last1=Taylor |first1=Rebecca |date=17 October 2019 |publisher=Sky News |access-date=17 October 2019 |last2=Heffer |first2=Greg}} and is a renegotiated version of an agreement published in November 2018. The earlier version of the withdrawal agreement was rejected by the House of Commons on three occasions, leading to the resignation of Theresa May as Prime Minister and the appointment of Boris Johnson as the new prime minister on 24 July 2019.

The Parliament of the United Kingdom gave its approval to the agreement on 23 January 2020 and the UK government deposited Britain's instrument of ratification on 29 January 2020.{{cite web |url=https://www.reuters.com/article/uk-britain-eu-parliament-idUSKBN1ZS1EE |title=Tears and cheers as EU lawmakers give final nod to Brexit |date=30 January 2020 |publisher=Reuters}}{{cite web |url=http://www.consilium.europa.eu/en/policies/eu-uk-after-referendum/ |title=Brexit |website=www.consilium.europa.eu}} The agreement was ratified by the Council of the European Union on 30 January 2020, following the consent of the European Parliament on 29 January 2020. The United Kingdom's withdrawal from the Union took effect on 11 p.m. GMT on 31 January 2020, and at that moment the Withdrawal Agreement entered into force, as per its article 185.

The Agreement covers such matters as money, citizens' rights, border arrangements and dispute resolution. It also contains a transition period and an outline of the future relationship between the UK and the EU. Published on 14 November 2018, it was a result of the Brexit negotiations. The agreement was endorsed by the leaders of the 27 remaining EU countries{{Cite news |url=https://www.npr.org/2018/11/25/670626957/european-union-leaders-approve-brexit-plan |title=European Union Leaders Approve Brexit Plan |last=Kesbeh |first=Dina |date=25 November 2018 |work=National Public Radio|access-date=16 December 2018}} and the British Government led by Prime Minister Theresa May, but faced opposition in the British parliament, whose approval was necessary for ratification. Approval by the European Parliament would also have been required. On 15 January 2019, the House of Commons rejected the withdrawal agreement by a vote of 432 to 202.{{cite web |last1=Stewart |first1=Heather |title=Theresa May loses Brexit deal vote by majority of 230 |url=https://www.theguardian.com/politics/2019/jan/15/theresa-may-loses-brexit-deal-vote-by-majority-of-230 |date=15 January 2019 |website=The Guardian |access-date=15 January 2019}} The Commons rejected the agreement again on 12 March 2019, on a vote of 391 to 242,{{cite web |last1=Stewart |first1=Heather |title=MPs ignore May's pleas and defeat her Brexit deal by 149 votes |url=https://www.theguardian.com/politics/2019/mar/12/mps-ignore-mays-pleas-and-defeat-her-brexit-deal-by-149-votes |date=13 March 2019 |website=The Guardian |access-date=13 March 2019}} and rejected a third time of 29 March 2019 by 344 votes to 286. On 22 October 2019 the revised withdrawal agreement negotiated by Boris Johnson's government cleared the first stage in Parliament, but Johnson paused the legislative process when the accelerated programme for approval failed to achieve the necessary support, and announced his intention to call a general election.{{cite web |url=https://uk.reuters.com/article/uk-britain-eu/british-parliament-backs-pm-johnsons-brexit-deal-at-important-stage-idUKKBN1X10K0 |archive-url=https://web.archive.org/web/20191022182756/https://uk.reuters.com/article/uk-britain-eu/british-parliament-backs-pm-johnsons-brexit-deal-at-important-stage-idUKKBN1X10K0 |url-status=dead |archive-date=22 October 2019 |title=Brexit in chaos after parliament defeats Johnson's ratification timetable |last1=James |first1=William |last2=MacLellan |first2=Kylie |last3=Piper |first3=Elizabeth |publisher=Reuters |date=22 October 2019 |access-date=17 November 2019 }} On 23 January 2020, Parliament ratified the agreement by passing the Withdrawal Agreement Act; on 29 January 2020, the European Parliament gave its consent to the withdrawal agreement. It was subsequently concluded by the Council of the European Union on 30 January 2020.

The withdrawal agreement, in Part Four,{{Cite web |title=Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community |url=https://www.legislation.gov.uk/eut/withdrawal-agreement#part-FOUR |access-date=26 October 2022 |website=legislation.gov.uk |at=Part Four: Transition, Article 126: Transition period}} provided for a transition or implementation period{{cite web |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/854217/WAB_Fact_Sheet_-_IMPLEMENTATION_PERIOD.pdf |title=Implementation period |publisher=Department for Exiting the European Union |year=2019 |access-date=26 October 2022}} until 00:00 Central European Time on 1 January 2021 (11p.m. Greenwich Mean Time on 31 December 2020 in the UK)

  • {{cite report |author= Secretariat to the Joint Committee |title=Annual Report for the Year 2021 |date=8 June 2022 |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1083495/Separation_Agreement_Joint_Committee_Annual_Report_2021_with_annexes.pdf |pages=12, 33, 96}}
  • {{cite letter |first=Jane |last=Everton |recipient=Chief Executives, Chief Housing Officers and Chief Officers for Children’ Services of Local Authorities in England |title=EU Transition - Notification of change letter |date=19 November 2020 |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/939394/EU_Transition_-_Notification_of_change_letter_to_LAs_.pdf |access-date=26 October 2022}}
  • {{cite web |url=https://www.gov.uk/government/publications/eu-settlement-scheme-policy-equality-statement/policy-equality-statement-eu-settlement-scheme |publisher=UK Home Office |title=Policy equality statement: EU Settlement Scheme |date=2 December 2020 |access-date=26 October 2022}}
  • {{cite web |url=https://www.gov.uk/government/publications/retaining-protection-in-the-uk-for-eu-intellectual-property-rights/retaining-protection-in-the-uk-for-eu-intellectual-property-rights |title=Retaining protection in the UK for EU Intellectual Property rights |publisher=Intellectual Property Office |date=4 January 2021 |access-date=26 October 2022}}

(referred to as "IP completion day" in British law and state terminology{{cite web |author=Parliament of the United Kingdom |date=23 January 2020 |title=European Union (Withdrawal Agreement) Act 2020 |url=https://www.legislation.gov.uk/ukpga/2020/1#section-39 |access-date=27 October 2022 |website=legislation.gov.uk |at=Section 39}}{{cite web |author=Ministry of Justice and Civil Procedure Rule Committee |date=19 December 2020 |title=Practice Direction update 126: Brexit changes |url=https://www.gov.uk/government/publications/practice-direction-update-126-brexit-changes |access-date=27 October 2022}}{{cite web |author=Department of Health and Social Care |year=2021 |title=EXPLANATORY MEMORANDUM TO THE EUROPEAN QUALIFICATIONS (HEALTH AND SOCIAL CARE PROFESSIONS) (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2022 |url=https://assets.publishing.service.gov.uk/media/61d70ca68fa8f50597fb2f41/EM___The_European_Qualifications__Health_and_Social_Care_Professions___Amendment_etc.___EU_Exit__Regulations_2022.pdf |access-date=27 October 2022}}), during which time the UK remained in the single market, in order to ensure frictionless trade until a long-term relationship was agreed. If no agreement was reached by this date, then the UK would have left the single market without a trade deal on 1 January 2021. Closely connected to the withdrawal agreement is a non-binding political declaration on the future EU–UK relationship.

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Background

{{main|2016 United Kingdom European Union membership referendum|United Kingdom invocation of Article 50 of the Treaty on European Union}}

= 2015 United Kingdom general election and 2016 Brexit referendum=

In the Conservative Party's manifesto for the United Kingdom general election in May 2015, the party promised an EU referendum by the end of 2017.{{cite web |url=https://www.bbc.com/news/election-2015-32302062 |title=At-a-glance: Conservative manifesto |date=15 April 2015 |access-date=22 September 2018 |work=BBC News}}{{cite web |url=https://www.theguardian.com/politics/2015/apr/14/conservatives-election-manifesto-2015-the-key-points |title=Conservatives election manifesto 2015 – the key points |first=Frances |last=Perraudin |date=14 April 2015 |website=the Guardian |access-date=22 September 2018}}

The referendum, held on 23 June 2016, resulted in a 51.9% to 48.1% majority vote for leaving the European Union.{{cite web |url=https://www.bbc.co.uk/news/politics/eu_referendum/results |title=EU referendum results |date=24 June 2016 |access-date=5 March 2019 |work=BBC News}}

The 2018 draft

{{More|Brexit negotiations in 2018}}

The proposed 2018 withdrawal agreement, which ran to 599 pages, covered the following main areas:Chris Morris (25 November 2018) [https://www.bbc.co.uk/news/uk-46237012 Britain's withdrawal agreement-what it all means]. Reality Check, BBC; retrieved 2 April 2019

  • Money, particularly the division of assets and liabilities, and payment of any debt outstanding
  • Citizens rights, both of British citizens in EU countries and vice versa
  • Border arrangements and customs, particularly along the border between the UK and the Republic of Ireland
  • The law, and the mechanisms for resolving disputes, currently vested with the European Court of Justice

The agreement also set up a transitional period, which lasted until 31 December 2020 with a provision for extension by mutual consent. During the transitional period, EU law continued to apply to the UK (including participation in the European Economic Area, the single market, and the customs union), and the UK continued to pay into the EU budget, but the UK was not represented in the decision-making bodies of the EU. The transition period gave businesses time to adjust to the new situation and time for the British and EU governments to negotiate a new trade deal between the EU and UK.{{cite web |url=https://www.theguardian.com/politics/2018/nov/18/brexit-transition-could-be-extended-to-2022-says-barnier |title=Brexit transition could be extended to 2022, says Barnier |last=Rankin |first=Jennifer |date=18 November 2018 |website=the Guardian |language=en|access-date=26 November 2018}}{{citation |last=BBC News |title=Brexit: The transition period explained – BBC News |date=19 November 2018 |url=https://www.youtube.com/watch?v=FO_Fg6R0i5w|access-date=26 November 2018}}

On the Irish border question, the Irish backstop was appended to the agreement setting a fall-back position if effective alternative arrangements failed to be agreed to avoid a hard border before the end of the transition period, with the UK shadowing the EU's Common external tariff and Northern Ireland keeping in aspects of the Single Market.{{cite web |url=https://www.theguardian.com/politics/2018/nov/14/brexit-deal-key-points-from-the-draft-withdrawal-agreement |title=Brexit deal: key points from the draft withdrawal agreement |last=Henley |first=Jon |date=14 November 2018 |website=the Guardian |language=en|access-date=26 November 2018}}

The governance will be through a Joint Committee with representatives of both the European Union and the British government. There will be a number of specialised committees reporting to the Joint Committee.

The withdrawal agreement also includes provisions for the UK to leave the Convention Defining the Statute of the European Schools, with the UK bound by the Convention and the accompanying regulations on Accredited European Schools until the end of the last academic year of the transition period, i.e. the end of the spring semester of 2020–2021.{{cite web |title=Europa School: 10 Jan 2019: House of Commons debates |url=https://www.theyworkforyou.com/debates/?id=2019-01-10c.687.0#g687.1 |website=TheyWorkForYou |access-date=21 January 2019 |language=en |date=10 January 2019}}

The more important elements of the draft agreement are these:[https://ec.europa.eu/commission/sites/beta-political/files/draft_withdrawal_agreement_0.pdf Text of draft withdrawal agreement] – European Commission

= Common provisions =

The Agreement assists the arrangements of withdrawing the UK from the European Union and Euratom (Art. 1), provides a clear definition for the territorial scope of the United Kingdom (Art. 3), and assures the legal liability of the Agreement (Art. 4). Additionally, it states that by the end of the transition period, the UK shall be denied access to "any network, any information system and any database established on the basis of Union law" (Art. 8).

= Citizens' rights: general provisions =

The Agreement defines and provides the personal scope of citizens, family members, frontier workers, host states, and nationals. Article 11 deals with continuity of residence and Article 12 discusses non-discrimination (i.e., it would be prohibited to discriminate on grounds of nationality).

= Rights and obligations =

British nationals and European Union citizens, family members who are British nationals or European Union citizens and family members who are neither of those two shall maintain the right to reside in the host State (Art. 13). The host State may not limit or condition the persons for obtaining, retaining or losing residence rights (Art. 13). Persons with valid documentation{{clarify|reason=What sort of documention? Passport? Residency? |date=September 2019}} would not require entry and exit visas or equal formalities and would be permitted to leave or enter the host state without complications (Art. 14). In case the host State demands "family members who join the Union citizen or United Kingdom national after the end of the transition period to have an entry visa", the host State is required to grant necessary visas through an accelerated process in appropriate facilities free of charge (Art. 14). The Agreement further deals with the issuance of permanent residence permits during and after the transition period, as well as its restrictions. Moreover, it clarifies the rights of workers and self-employed individuals, and provides recognition and identification of professional qualifications.

= Coordination of social security systems =

This title discusses special cases, administrative cooperation, legal adaptations and development of Union laws.

= Goods placed on the market =

The Agreement defines the goods, services and the processes connected to them. It claims that any good or service that was lawfully placed in the market prior to the withdrawal from the Union may be further made available to the consumers in the UK or the Union States (Art. 40 & 41).

= Ongoing customs procedures =

This title addresses the custom procedures of goods moving from the customs territory of the UK to the customs territory of the Union and vice versa (Art. 47). The processes that start before the end of the transition period "shall be treated as an intra-Union movement regarding importation and exportation licensing requirements in Union law". The Agreement also addresses the ending of temporary storage or customs procedures (Art. 49).

= Ongoing value added tax and excise duty matters =

The VAT applies to goods that are exchanged between the Union and the UK. By way of derogation from previous Articles, the Title permits access to information systems that are necessary for the application or processing of the VAT (Art. 51).

=Annexes=

There are ten annexes to the draft. The first is a protocol to maintain an open border between the EU and the UK on the island of Ireland (generally known as the 'Irish backstop'). The second covers the arrangements for a common customs territory to operate between the EU and the UK, until a technical solution can be found that delivers both an open border and independent customs policies. The third covers operations of the joint customs territory. The fourth covers 'good governance in the area of taxation, environmental protection, labour and social standards, state aid, competition, and state-owned undertakings'. The fifth to eighth cover relevant provisions in EU law. The ninth and tenth details procedures arising from main sections of the draft.

==Northern Ireland Backstop==

{{Main|Irish backstop}}

The Northern Ireland Protocol, known familiarly as the "Irish backstop", was an annex to the November 2018 draft agreement that described the provisions to prevent a hard border in Ireland after the United Kingdom leaves the European Union. The Protocol included a safety-net provision to handle the circumstances where satisfactory alternative arrangements remain to come into operation at the end of the transition period.

This created considerable difficulties for the government, particularly with the Democratic Unionist Party on which the government depended on for votes.

This draft was replaced in the 2019 negotiations by a new Northern Ireland Protocol.

Revisions in 2019

The agreement was subject to revisions under the Johnson ministry's renegotiation in 2019. The amendments adjust approximately 5% of the text.{{cite web|url=https://www.theguardian.com/politics/ng-interactive/2019/oct/18/how-much-johnson-great-new-deal-actually-new|title=How much of Johnson's 'great new deal' is actually new?|first1=Josh|last1=Holder|date=18 October 2019|work=The Guardian}}

=Protocols=

In the agreement, protocols also exist for the 'Sovereign Base Areas in Cyprus' and Gibraltar.

==Northern Ireland protocol==

{{further|Northern Ireland Protocol}}

The Irish backstop was removed, and replaced by a new protocol on Northern Ireland/Ireland. This new protocol meant that Great Britain could fully leave the European Single Market and the EU Customs Union but that Northern Ireland would be out of the EU Customs Union de jure but not de facto.{{cite web|url=https://www.bbc.co.uk/news/uk-50083026|title=Brexit: What is in Boris Johnson's new deal with the EU?|website=BBC News|date=21 October 2019|access-date=23 December 2019}}{{cite web|url=https://www.ft.com/content/cdb2dadc-ec40-11e9-a240-3b065ef5fc55|title= How Boris Johnson moved to break the Brexit deadlock|website=Financial Times|date=11 October 2019|access-date=23 December 2019|last1=Parker|first1=George|last2=Brunsden|first2=Jim|url-access=subscription}} Another difference was a unilateral exit mechanism for the Northern Ireland Assembly which has a vote every four years on whether to continue with these arrangements, for which a simple majority is required.{{cite news| url= https://www.theguardian.com/politics/2019/oct/17/how-is-boris-johnson-brexit-deal-different-from-theresa-may | title = How is Boris Johnson's Brexit deal different from Theresa May's? | author = Lisa O'Carroll | newspaper = The Guardian | date= 17 October 2019| access-date= 24 December 2019}}

A continuity with the backstop was providing for the application of EU-law in the area of goods and electricity and a role for the European Court of Justice with regards to procedures in case of non-compliance as well as the possibility and requirement for UK courts to ask for preliminary rulings on the application of EU law and related parts of the protocol.{{cite web|url=https://publications.parliament.uk/pa/ld5801/ldselect/ldeucom/66/6614.htm|work=British Parliament|title=The Protocol on Ireland/Northern Ireland Contents. Chapter 11: Implementation, application, supervision and enforcement, and other provisions (Articles 12, 13, 16, 17 and 19)|access-date=31 December 2020}}

=Annexes=

  • annex 1: social security coordination
  • annex 2: provisions of union law referred to in article 41(4)
  • annex 3: time limits for situations or customs procedures referred to in article 49(1)
  • annex 4: list of networks, information systems and databases referred in articles 50, 53, 99 and 100
  • annex 5: euratom
  • annex 6: list of administrative cooperation procedures referred to in article 98
  • annex 7: list of acts/provisions referred to in article 128(6)
  • annex 8: rules of procedures of the joint committee and specialized committees
  • annex 9: rules of procedures for dispute settlement and code of conduct for members of arbitration panels

=Political declaration=

The 2019 revisions also adjusted elements of the political declaration, replacing the word "adequate" with "appropriate" in regard to labour standards. According to Sam Lowe, trade fellow at the Centre for European Reform, the change excludes labour standards from dispute settlement mechanisms.{{cite news|url=https://www.bbc.com/news/business-50199309|title=Key word 'adequate' removed from Brexit plan|first=Faisal|last=Islam|work=BBC News|date=27 October 2019}} In addition, the level playing field mechanism has been moved from the legally-binding withdrawal agreement to the political declaration, and the line in the political declaration that “the United Kingdom will consider aligning with union rules in relevant areas” has been removed.

Joint Committee of the Withdrawal Agreement

{{redirect|EU-UK Joint Committee|the body established by the Trade and Cooperation Agreement|EU–UK Partnership Council}}

Article 164 establishes a joint committee for the implementation of the agreement, which is co-chaired by the EU and the UK and has 6 specialised committees. The Withdrawal Agreement delegated some arrangements relating to the UK's separation from the EU to the Joint Committee to decide upon. A Joint Committee is a commonly used process within deeper trade treaties to manage tensions.

There is equal representation from both sides with no casting vote and the ability to go to an international arbitration panel if there is no agreement. There are a number of specialist subcommittees that report to the main committee, of which the 'Northern Ireland subcommittee' (dealing with the Northern Ireland Protocol) attracted most news-media attention in Spring 2021, because of the controversy over what became known as the Irish Sea border.

{{As of|2022|2|21}}, the Joint Committee had met nine times.European Commission, [https://ec.europa.eu/commission/presscorner/detail/en/statement_22_1260 Joint Statement by Vice-President Maroš Šefčovič and the Foreign Secretary of the United Kingdom, the Rt Hon Elizabeth Truss MP, co-Chairs of the Joint Committee of the Withdrawal Agreement], accessed 21 February 2022

= Specialised Committee on Citizens' Rights=

{{redirect|Specialised Committee on Citizens' Rights|the UK body monitoring the functioning of the citizens’ rights provisions under this agreement|Independent Monitoring Authority for the Citizens' Rights Agreements}}

The Specialised Committee on Citizens' Rights was established to monitor the implementation and application of citizens' rights under the agreement.

{{As of|2022|6|15}}, it had met 10 times.European Commission, [https://ec.europa.eu/info/sites/default/files/20.06.2022_joint_statement_sc_citizens_rights_en.pdf JOINT STATEMENT FOLLOWING THE TENTH MEETING OF THE SPECIALISED COMMITTEE ON CITIZENS’ RIGHTS], accessed 5 October 2022

Reception

= Original deal =

The reception of the agreement in the House of Commons ranged from cool to hostile and the vote was delayed more than a month.{{cn|date=March 2024}}

== British government resignations ==

{{See also|List of resignations from the second May ministry}}

On 15 November 2018, the day after the agreement was presented and received backing from the cabinet of the British government, several members of the government resigned, including Dominic Raab, Secretary of State for Exiting the European Union.{{Cite news |url=https://www.mirror.co.uk/news/politics/breaking-dominic-raab-resigns-brexit-13592683 |title=Dominic Raab resigns as Brexit Secretary over Theresa May's Brexit deal |last=Bloom |first=Dan |date=15 November 2018 |work=Daily Mirror|access-date=26 November 2018}}

= Contempt of Parliament =

Following an unprecedented vote on 4 December 2018, MPs ruled that the British government was in contempt of parliament for refusing to provide to Parliament the full legal advice it had been given on the effect of its proposed terms for withdrawal.{{cite news|url=https://www.bbc.co.uk/news/uk-politics-46451970|title=Brexit: Legal advice warns of Irish border 'stalemate'|date=5 December 2018|work=BBC News|access-date=24 December 2018}} The key point within the advice covered the legal effect of the "backstop" agreement governing Northern Ireland, the Republic of Ireland and the rest of the UK, in regard to the customs border between the EU and UK, and its implications for the Good Friday agreement which had led to the end of the Troubles in Northern Ireland, and specifically, whether the UK would be certain of being able to leave the EU in a practical sense, under the draft proposals.

The following day, the advice was published. The question asked was, "What is the legal effect of the UK agreeing to the Protocol to the Withdrawal Agreement on Ireland and Northern Ireland in particular its effect in conjunction with Articles{{nbsp}}5 and 184 of the main Withdrawal Agreement?" The advice given was that:

: The Protocol is binding on the UK and EU [para 3], and anticipates a final future resolution of the border and customs issues being reached [para 5,12,13]. But "the Protocol is intended to subsist even when negotiations have clearly broken down" [para 16] and "In conclusion, the current drafting of the Protocol{{nbsp}}... does not provide for a mechanism that is likely to enable the UK lawfully to exit the UK wide customs union without a subsequent agreement. This remains the case even if parties are still negotiating many years later, and even if the parties believe that talks have clearly broken down and there is no prospect of a future relationship agreement." [para 30]

= Revised deal =

Immediately following announcement of a revised withdrawal agreement on 17 October 2019, Labour, the Liberal Democrats, and DUP said that they could not support the new deal.{{Cite news |url=https://www.bbc.com/news/uk-politics-50079385 |title=Brexit: EU and UK reach deal but DUP refuse support |date=17 October 2019 |work=BBC|access-date=17 October 2019}}

United Kingdom Parliament votes

{{anchor|British Parliament votes}}

File:Johnson signed Brexit Withdrawal Agreement.jpg

{{further|Parliamentary votes on Brexit}}

On 15 January 2019, the House of Commons voted down the Brexit withdrawal agreement by 230 votes, the largest vote against the United Kingdom government in history.{{Cite news |url=https://www.bbc.com/news/uk-politics-46885828 |title=Brexit: Theresa May's deal is voted down in historic Commons defeat |date=15 January 2019 |work=BBC News|access-date=15 January 2019 |language=en-GB}} The May government survived a confidence vote the following day. On 12 March 2019, the Commons voted down the agreement a second time by 149 votes, the fourth-largest defeat of the government in the history of the Commons.{{cite web |url=https://www.standard.co.uk/news/politics/brexit-deal-latest-mps-tell-of-difficult-situation-after-theresa-mays-latest-defeat-a4089946.html |title=MPs tell of 'difficult situation' after May's latest Brexit defeat |last=White |first=Megan |date=12 March 2019 |website=Evening Standard |access-date=12 March 2019}}{{cite journal |url=https://www.rte.ie/news/brexit/2019/0312/1035873-attorney-general-brexit/ |title=MPs reject revised Brexit deal by overwhelming majority |date=12 March 2019 |website=RTÉ.ie |access-date=12 March 2019}} A third vote on the Brexit withdrawal agreement, widely expected to be held on 19 March 2019, was refused by the Speaker of the House of Commons on 18 March 2019 on the basis of a parliamentary convention dating from 2 April 1604 that prevents British governments from forcing the Commons to repeatedly vote on an issue that the Commons has already voted upon.{{cite web |url=https://www.thenational.scot/news/17510088.explained-the-1604-rule-cited-by-speaker-and-a-question-for-all-scots/ |title=Explained: The '1604 rule' cited by Speaker ... and a question for all Scots |website=The National |date=19 March 2019 |access-date=19 March 2019}}{{cite web |last1=Elgot |first1=Jessica |last2=Mason |first2=Rowena |last3=Boffey |first3=Daniel |last4=Syal |first4=Rajeev |title=Brexit: constitutional chaos after third vote on deal blocked |website=the Guardian |date=19 March 2019 |url=http://www.theguardian.com/politics/2019/mar/18/constitutional-chaos-theresa-may-third-vote-brexit-deal-blocked | access-date=19 March 2019}}{{cite web |url=https://www.nbcnews.com/storyline/brexit-referendum/brexit-latest-speaker-bercow-denies-theresa-may-third-vote-deal-n984306 |title=A convention from 1604 just sent Brexit deeper into the abyss of uncertainty |website=NBC News|date=19 March 2019 }} A cut-down version of the withdrawal agreement, where the attached political declaration had been removed, passed the speaker's test for 'substantial change', so a third vote was held on 29 March 2019, but was voted down by 58 votes.{{Cite news |url=https://www.bbc.com/news/uk-politics-47752017 |title=MPs reject May's EU withdrawal agreement |date=29 March 2019|access-date=29 March 2019 |language=en-GB}}

On 22 October 2019, the House of Commons agreed by 329 votes to 299 to give a Second Reading to the revised withdrawal agreement (negotiated by Boris Johnson earlier that month), but when the accelerated timetable which he proposed failed to gain the necessary parliamentary support, Johnson announced that the legislation would be paused.{{cite web |url=https://www.bloomberg.com/news/articles/2019-10-22/johnson-finally-gets-to-put-his-deal-to-the-vote-brexit-update |title=Johnson to Press Ahead After Timetable Setback: Brexit Update |website=bloomberg.com |date=23 October 2019 |access-date=17 November 2019}}

File:2020-01-29 UK notification Brexit withdrawal agreement.pdf

On 20 December 2019, following the Conservative victory in the 2019 United Kingdom general election, the House of Commons passed the second reading of the Withdrawal Agreement Bill by a margin of 358–234. After amendments proposed by the House of Lords and ping-pong between the two houses, the bill received royal assent on 23 January 2020, enabling ratification on the British side.{{Cite web|url=https://bills.parliament.uk/bills/2517|title=European Union (Withdrawal Agreement) Act 2020 - Parliamentary Bills - UK Parliament|website=bills.parliament.uk}}

European Union ratification

File:European Parliament President David Sassoli signs the UK Withdrawal Agreement. (49461241336).jpg signs the resolution consenting to the ratification of the Withdrawal Agreement]]

On the part of the European Union, the European Parliament gave its consent to the ratification of the Agreement also on 29 January 2020,{{cite news |title=European Parliament approves Brexit agreement |url=https://www.bbc.co.uk/news/uk-politics-51287430 |access-date=31 January 2020 |work=BBC News |date=29 January 2020}} and the Council of the European Union approved the conclusion of the Agreement on 30 January 2020{{cite web |title=Brexit: Council adopts decision to conclude the withdrawal agreement |url=https://www.consilium.europa.eu/en/press/press-releases/2020/01/30/brexit-council-adopts-decision-to-conclude-the-withdrawal-agreement/ |website=www.consilium.europa.eu |publisher=Council of the European Union |access-date=31 January 2020 |language=en}} by written procedure.{{cite news |last1=Stevis-Gridneff |first1=Matina |title=Press Send for Brexit: E.U. Seals U.K. Withdrawal by Email |url=https://www.nytimes.com/2020/01/30/world/europe/eu-brexit-decision.html |access-date=31 January 2020 |work=The New York Times |date=30 January 2020}} Accordingly, also on 30 January 2020, the European Union deposited its instrument of ratification of the Agreement, thus concluding the deal,{{cite web |title=Brexit |url=https://www.consilium.europa.eu/en/policies/eu-uk-after-referendum/ |website=www.consilium.europa.eu |publisher=Council of the European Union |access-date=31 January 2020 |language=en}} and allowing it to enter into force at the moment of the United Kingdom's withdrawal from the Union at 11 p.m. GMT on 31 January 2020.

Political declaration of future relationship

{{see also|Post-Brexit United Kingdom relations with the European Union}}

The Declaration on Future European Union–United Kingdom Relations, also referred to as the Political Declaration, is a non-binding declaration that was negotiated and signed along with the binding and more comprehensive Withdrawal Agreement in connection with the withdrawal of the United Kingdom (UK) from the European Union (EU), colloquially known as Brexit, and the planned end of the transitional period.

Implementation

=Citizens' rights=

{{See also|Independent Monitoring Authority for the Citizens' Rights Agreements}}

According to evidence presented by lobby group "British in Europe" (representing British citizens resident in EU countries) to the Brexit Select Committee of the House of Commons in June 2020, "as many as 23 EU member states [had] yet to implement systems to document the future rights of the estimated 1.2 million British citizens already living on the continent, who are in the dark over their future rights and obligations".{{cite news| url= https://www.theguardian.com/politics/2020/jun/30/uk-citizens-rights-eu-at-risk-brexit | title = Rights of UK citizens in EU at risk as member states' legislation not yet in place. Experts express concern over the loss of Britons' free movement rights after Brexit | author = Lisa O'Carroll | work= The Guardian | date = 30 June 2020 | access-date = 30 June 2020}} "The UK launched its [registration] system for EU citizens last March [2020], with more than 3.3 million people granted pre-settled or settled status to remain in the country after Brexit", the Committee was told.

Also, Brexit removed British resident living in EU countries the right to vote in elections to the European Parliament and the right to work in another EU country.{{Cite web|url=https://www.theguardian.com/politics/2022/feb/24/britons-living-in-eu-cant-keep-pre-brexit-rights-european-court-advised|title=Britons living in EU can't keep pre-Brexit rights, European court advised|website=TheGuardian.com|date=24 February 2022}}

=Northern Ireland=

On 6 September 2020, the Financial Times reported that the British government planned to draw up new legislation that would bypass the withdrawal agreement's Northern Ireland Protocol.{{Cite news|date=6 September 2020|title=UK plan to undermine withdrawal treaty puts Brexit talks at risk|work=Financial Times|url=https://www.ft.com/content/9906e0d4-0c29-4f5f-9cb0-130c75a2f7a7|url-access=subscription}}{{Cite news|last1=Elgot|first1=Jessica|last2=O'Carroll|first2=Lisa|last3=Rankin|first3=Jennifer|date=7 September 2020|title=Brexit: Boris Johnson to override EU withdrawal agreement|work=The Guardian|url=https://www.theguardian.com/politics/2020/sep/06/five-weeks-clinch-brexit-deal-uk-move-boris-johnson-to-say|access-date=8 September 2020}} The new law would give ministers the power to define what state aid needs to be reported to the EU, and define what products that at risk of being brought into Ireland from Northern Ireland (the withdrawal agreement states that in the absence of a mutual agreement, all products should be considered at risk).{{Cite news|last1=Boffey|first1=Daniel|last2=Elgot|first2=Jessica|last3=Stewart|first3=Heather|date=7 September 2020|title=Leaked EU cables reveal growing mistrust of UK in Brexit talks|work=The Guardian|url=https://www.theguardian.com/politics/2020/sep/07/leaked-eu-cables-reveal-mistrust-of-uk-motives-in-brexit-talks|access-date=8 September 2020}} The government defended the move, saying the legislation was compliant with the protocol and merely "clarified" ambiguity in the protocol.{{Cite news|last1=Elgot|first1=Jessica|last2=O'Carroll|first2=Lisa|date=7 September 2020|title=Downing Street defends Brexit plans for Northern Ireland|work=The Guardian|url=https://www.theguardian.com/politics/2020/sep/07/downing-street-defends-brexit-plans-for-northern-ireland|access-date=8 September 2020}} Ursula von der Leyen warned Johnson not to break international law, saying that the UK's implementation of the withdrawal agreement was a "prerequisite for any future partnership".{{Cite news|last1=Boffey|first1=Daniel|last2=Rankin|first2=Jennifer|date=7 September 2020|title=Von der Leyen warns UK against breaking international law over Brexit deal|work=The Guardian|url=https://www.theguardian.com/politics/2020/sep/07/michel-barnier-worried-by-no-10-plans-to-renege-on-brexit-deal|access-date=8 September 2020}} On 8 September, the Secretary of State for Northern Ireland Brandon Lewis told the British Parliament that the government's planned Internal Market Bill will "break international law".{{cite news |url = https://www.bbc.co.uk/news/uk-politics-54073836 | title= Northern Ireland Secretary admits new bill will 'break international law' | work= BBC News | date = 8 September 2020 | access-date= 9 September 2020 }}

On 1 October 2020, the European Commission sent a letter of formal notice to the British government as the first step in an infringement procedure, as the UK's Internal Market Bill would be "in full contradiction" to the Northern Ireland Protocol if adopted as-is.{{cite press release |last=von der Leyen |first=Ursula |date=1 October 2020 |title=Press statement by President von der Leyen on the implementation of the Withdrawal Agreement between the EU and the UK |url=https://ec.europa.eu/commission/presscorner/detail/en/statement_20_1800 |location=Brussels |publisher=European Commission |access-date=2 October 2020}} Following discussions of the EU-UK Joint Committee on 8 December 2020, the two sides reached an agreement in principle on all issues regarding the implementation of the withdrawal agreement, and the UK agreed to withdraw the offending clauses of the Internal Market Bill.{{cite press release |last1=Šefčovič |first1=Maroš |last2=Gove |first2=Michael |date=1 October 2020 |title=Joint statement by the co-chairs of the EU-UK Joint Committee |url=https://ec.europa.eu/commission/presscorner/detail/en/statement_20_2346 |location=Brussels |publisher=European Commission |access-date=8 December 2020}}

On 3 March 2021, without having used the Joint Committee process, the Secretary of State for Northern Ireland informed the UK Parliament of the Government's intention to extend unilaterally (beyond 31 March 2021) the grace period for post-Brexit checks on some goods entering Northern Ireland from Great Britain.{{cite news | title= Brussels says plan to extend Brexit grace period breaks international law. EU says move to exempt goods entering Northern Ireland from checks is 'violation' of withdrawal treaty. |work= The Guardian | author = Daniel Boffey and Rory Carroll |date= 3 March 2021 |access-date= 4 March 2021 |url= https://www.theguardian.com/uk-news/2021/mar/03/supermarkets-may-get-more-time-to-adapt-to-northern-ireland-trading-rules-brexit }} The EU objected to this and threatened to resort to legal action over what it said was the second time the UK had sought to breach international law in relation to the Northern Ireland Protocol. On 4 March 2021, Irish Minister for Foreign Affairs Simon Coveney supported the Commission's threat of legal action if the UK "cannot be trusted" to implement the Protocol.{{cite news|last=Clarke|first=Vivienne|publisher=The Irish Times|date=4 March 2021|title=EU forced to take legal action as UK 'cannot be trusted' on protocol, says Coveney|url=https://www.irishtimes.com/news/ireland/irish-news/eu-forced-to-take-legal-action-as-uk-cannot-be-trusted-on-protocol-says-coveney-1.4500990?|access-date=4 March 2021}} The European Parliament, which had yet to ratify the agreement, has postponed its decision pending a resolution to the proposed infringement.{{cite news | title= EU postpones setting date for ratifying Brexit trade deal. Move follows Boris Johnson being accused of breaking international law for second time over Northern Ireland. |work= The Guardian | author = Daniel Boffey and Rory Carroll |date= 4 March 2021 |access-date= 4 March 2021 |url=https://www.theguardian.com/politics/2021/mar/04/uks-plan-to-extend-brexit-grace-period-infuriates-irish-and-eu-officials }}

The Windsor Framework, announced on 27 February 2023 and formally adopted by both parties on 24 March 2023, changes aspects of the Protocol's operation, particularly to ease custom checks on goods arriving from Great Britain.{{cite web |work=BBC News |date=24 March 2023 |url=https://www.bbc.co.uk/news/uk-northern-ireland-65058955 | title=UK and EU formally adopt new Brexit Windsor Framework deal}} The Framework came into effect on 1 October 2023 and provides a new basis for trusted traders to move their goods through a new “green lane” between Northern Ireland and Great Britain, gives the UK government more control over VAT rates applying in Northern Ireland and states that medicines placed on the market Northern Ireland will be regulated by the UK and not the EU.{{cite news |url=https://www.bbc.co.uk/news/uk-northern-ireland-66953035 |title=Windsor Framework: New NI trade rules 'will work unbelievably well' |first=Enda |last=McClafferty |work=BBC News |date=2 October 2023}} It gives the Northern Ireland administration and UK government a mechanism to object to, pause, and potentially disapply updated and amended EU laws, mainly concerning goods.{{Cite web |title=Northern Ireland Protocol: The Windsor Framework |url=https://researchbriefings.files.parliament.uk/documents/CBP-9736/CBP-9736.pdf |website=House of Commons Library |date=March 2023}}

See also

References

{{Reflist}}