Change the default

With Brexit looming ever closer, the prospect of Britain crashing out of the EU with no deal looks increasingly probable. MPs keep on saying that they don’t want to crash out, but as things stand this is the default position: Britain leaves the EU on 29th March and if, as looks likely, Parliament fails to make a decision then that exit is going to be both disorderly and extremely damaging.

Spinning Hugo suggests, therefore, that the most vital step now is to change the default.

The government cannot rule out no deal Brexit, that requires legislation. Further as a matter of Parliamentary tactics it may wish not to do so as the only way of applying pressure to obtain more support is to leave no deal Brexit as the default.

However, unlike all other options, there should be a majority in Parliament for an amendment to the European Union (Withdrawal) Act along these lines.

X. Duty to revoke notification of withdrawal from the EU

(1) If Y days before exit day no approval of the outcome of negotiations with the EU has occurred in conformity with section 13 of the European Union (Withdrawal) Act 2018, the Prime Minister shall notify the European Council of the United Kingdom’s revocation of its intention to withdraw from the European Union under Article 50(2) of the Treaty on the European Union.

(2) Upon such notification, the sections of the European Union (Withdrawal) Act 2018 specified in schedule Z shall be repealed

Schedule Z

1 For the purpose of section X(2), the relevant sections are [all of them except 13].

This would make Remain the default result. This should obtain the support of all those who favour a Labour led Brexit, a referendum, and May’s deal over no deal Brexit. It enables all those who favour the only Withdrawal Agreement there will ever be to say “I backed the government’s deal to achieve that” whilst avoiding a no deal Brexit.

Clearly, neither the Government nor the opposition will table such an amendment, so it falls to the saner backbench MPs in Parliament to propose and support such an amendment as a matter of urgency.

This could well prove to be Britain’s only way out of this mess.

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