Meaningful vote

The meaningful vote is the common name given to Section 13 of the European Union (Withdrawal) Act 2018 "[UK] Parliamentary approval of the outcome of negotiations with the EU" (full text of section). It is a requirement that the government of the United Kingdom bring forward an amendable parliamentary motion at the end of the Article 50 negotiations between the government and the European Union.[1]

The wording of the clause[note 1] was strongly contested by both the House of Commons and the House of Lords with the Lords proposing an amendment to the bill giving further powers to parliament. When the bill returned to the Commons the Conservative government offered concessions and the Lords proposed amendment was defeated. The bill was then passed into law on 26 June 2018.[2]

History

Background

Following the UK's decision to leave the European Union, the result of a referendum, 23 June 2016, the UK government invoked Article 50 of the Treaty on the European Union. The UK is thus due to leave the EU at 11 pm on 29 March 2019 UTC.[3]

British businesswoman, Gina Miller, took the government to court to challenge its authority to implement to invoke Article 50 without reference to Parliament. On 3 November 2016, the High Court of Justice ruled in favour of Miller in the case R (Miller and Dos Santos) v Secretary of State for Exiting the European Union.[4][5]

In January 2017 the Conservative Prime Minister Theresa May announced, "I can confirm today that the Government will put the final deal that is agreed between the UK and the EU to a vote in both Houses of Parliament, before it comes into force."[6][7] As a result, on 13 July 2017, David Davis, the Secretary of State for Exiting the European Union, introduced the bill in the Commons, including the following clause 9 statement:

9Implementing the withdrawal agreement
(1)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purposes of implementing the withdrawal agreement if the Minister considers that such provision should be in force on or before exit day.[8]

As a government bill, this first reading was pro forma, with the first debate taking place on the second reading.[9]

On 18 April 2017 the May announced a snap a general election 8 June 2017,[10] with the aim of strengthening her hand in Brexit negotiations.[11] This resulted in a hung parliament, in which the number of Conservative seats fell from 330 to 317, despite the party winning their highest vote share since 1983, prompting her to broker a confidence and supply deal with the Democratic Unionist Party (DUP) to support a minority government.

In July 2017 David Jones, Minister of State for Exiting the European Union, told the Commons he expected the parliamentary vote on the Brexit deal with the EU to happen "before the European Parliament debates and votes on the final agreement." Asked to clarify what would happen if MPs and members of the House of Lords decide they don’t like the deal, Jones said "the vote will be either to accept the deal. Or there will be no deal."[12] However, at Exiting the European Union Select Committee meeting in October Labour MP Seema Malhotra asked Davis, "The vote of our parliament, the UK parliament, could be after March 2019?",[note 2] to which Davis replied, "Yes, it could be."[13] This drew criticism from Labour opposition MPs and some Conservative MPs.[14][15]

Alteration of Clause 9

In December 2017 pressure grew on the government to amend clause 9 so that parliament would have approval of the final terms of the withdrawal deal between the UK and the EU prior to 29 March 2019, the date set for the UK's departure from the EU. Conservative MP Dominic Grieve advised the government to amend the clause themselves or he would table his own amendment to the bill.[16] Grieve duly tabled his amendment to the bill (Amendment 7) requiring any Brexit deal to be enacted by statute, rather than implemented by government order.[17]

Clause 9 was then introduced to the house as (Grieve's additions, amendment 7, in italics):

9Implementing the withdrawal agreement
(1)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purposes of implementing the withdrawal agreement if the Minister considers that such provision should be in force on or before exit day, subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the European Union.
(2)Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).
(3)But regulations under this section may not—
(a)impose or increase taxation,
(b)make retrospective provision,
(c)create a relevant criminal offence, or
(d)amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it.
(4)No regulations may be made under this section after exit day.[18]

In the weekend prior to the Commons the leaders of the all-party parliamentary group on EU relations signed a statement saying, "Members of all parties have already provided valuable scrutiny to the EU (Withdrawal) bill, and we have forced the government into some concessions. But little of that will matter unless we can have a truly meaningful vote on the withdrawal agreement the government negotiates with the European Union."[19][20]

On the morning of 13 December 2017 Davis issued a written statement saying, "In the UK, the Government has committed to hold a vote on the final deal in Parliament as soon as possible after the negotiations have concluded. This vote will take the form of a resolution in both Houses of Parliament and will cover both the Withdrawal Agreement and the terms for our future relationship."[21]

External video
RT UK news report
MPs pass amendment giving them 'meaningful' vote on Brexit deal via RT UK on YouTube[22]

Later in the afternoon, at Prime Minister's Questions, the Conservative MP Anna Soubry requested that May accept Grieve's amendment, "The Prime Minister says that she wants a meaningful vote on Brexit before we leave the European Union. Even at this last moment, will she be so good as to accept my right hon. and learned Friend’s [Grieve's] amendment 7, in the spirit of unity for everybody here and in the country?"[23] However, May rejected the idea saying, "We were very clear that we will not commence any statutory instruments until that meaningful vote has taken place, but as currently drafted [Grieve's draft] what the amendment says is that we should not put any of those arrangements and statutory instruments into place until the withdrawal agreement and implementation Bill has reached the statute book. That could be at a very late stage in the proceedings, which could mean we are not able to have the orderly and smooth exit from the European Union that we wish to have."[24]

That evening Grieve's amendment was passed by 309 votes to 305 votes - a majority of 4,[17][25] representing a defeat for the government.[26][27] There were 12 Conservative MPs who voted against the government: Grieve, Soubry, Heidi Allen, Kenneth Clarke, Jonathan Djanogly, Stephen Hammond, Oliver Heald, Nicky Morgan, Bob Neill, Antoinette Sandbach, John Stevenson and Sarah Wollaston.[25] A month earlier all but Stevenson were pictured along with fellow Conservative MPs Vicky Ford, Jeremy Lefroy, Paul Masterton and Tom Tugendhat on the front page of the Daily Telegraph describing them as "The Brexit Mutineers".[28]

House of Lords Report Stage

At the House of Lords Report Stage in April 2018, Viscount Hailsham[29] introduced a new clause as follows:

Before Clause 9, insert the following new Clause—
nParliamentary approval of the outcome of negotiations with the European Union
(1)Without prejudice to any other statutory provision relating to the withdrawal agreement, Her Majesty’s Government may conclude such an agreement only if a draft has been—
(a)approved by a resolution of the House of Commons, and
(b)subject to the consideration of a motion in the House of Lords.
(2)So far as practicable, a Minister of the Crown must make arrangements for the resolution provided for in subsection (1)(a) to be debated and voted on before the European Parliament has debated and voted on the draft withdrawal agreement.
(3)Her Majesty’s Government may implement a withdrawal agreement only if Parliament has approved the withdrawal agreement and any transitional measures agreed within or alongside it by an Act of Parliament.
(4)Subsection (5) applies in each case that any of the conditions in subsections (6) to (8) is met.
(5)Her Majesty’s Government must follow any direction in relation to the negotiations under Article 50(2) of the Treaty on European Union which has been—
(a)approved by a resolution of the House of Commons, and
(b)subject to the consideration of a motion in the House of Lords.
(6)The condition in this subsection is that the House of Commons has not approved the resolution required under subsection (1)(a) by 30 November 2018.
(7)The condition in this subsection is that the Act of Parliament required under subsection (3) has not received Royal Assent by 31 January 2019.
(8)The condition in this subsection is that no withdrawal agreement has been reached between the United Kingdom and the European Union by 28 February 2019.
(9)In this section, “withdrawal agreement” means an agreement (whether or not ratified) between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU and the framework for the United Kingdom’s future relationship with the European Union."[30]

The amendment with the new clause was passed by Lords by 335 to 244 – a majority of 91, which represented a further defeat for the government.[31][32] The new wording would have given MPs the power to stop the UK from leaving the EU without a deal, or to make Theresa May return to negotiations.[33]

Commons consideration of the Lords amendment

The government rejected the proposal by the Lords that would give the Commons the power to decide the next steps for the government if the EU deal is rejected by parliament.[34]

Labour MP Keir Starmer urged Conservative MPs who want Britain to remain in the EU to vote with Labour in favour of the Lords amendment when the bill returned to the Commons,[35][36] and former Labour Prime Minister Gordon Brown suggested that May could be replaced by a new Tory Prime Minister if she lost the vote.[37] However prominent Tory remainer Amber Rudd urged her party’s MPs to back the government in the vote.[35]

The process of parliamentary ping-pong then took place between 12 June and 20 June 2018.[38][39]

Alternative amendment by Dominic Grieve

The night before bill was due back before the Commons, 11 June 2018, Dominic Grieve tabled a last minute alternative amendment. The Lords amendment would prevent a 'no deal' with the EU scenario, MPs and Lords could tell May to go back to negotiating table and get something better, for example. Grieve's amendment also tackles the 'no deal' scenario but it sets dates for May to come back to parliament and set out the government's intentions in the event of a no deal and gain parliamentary approval for those plans.[40]

Grieve's amendment:

(5A)Within seven days of a statement under subsection (4) being laid, a Minister of the Crown must move a motion in the House of Commons to seek approval of the Government’s approach.
(5B)In the event of no political agreement having been reached on a withdrawal agreement by the end of 30 November 2018, a Minister of the Crown must move a motion in the House of Commons setting out how the Government intends to proceed and seeking the approval of the House for that course of action.
(5C)If no political agreement has been reached on a withdrawal agreement by the end of 15 February 2019, the Government must bring the matter before both Houses of Parliament within five days and must follow any direction in relation to the negotiations under Article 50(2) of the Treaty of European Union which has been—
(a)approved by a resolution of the House of Commons, and
(b)the subject of a motion which has either been debated in the House of Lords, or upon which the House of Lords has not concluded a debate on the motion before the end of the period of five sitting days beginning with the first sitting day after the day on which the House of Commons passes the resolution mentioned in paragraph (a).[41]

The Commons Vote

On the morning of the vote, 12 June 2018, the government rejected the alternative amendment by Grieve. This set the scene for disagreement during the Commons debate about whether or not parliament should have a say in the event of the UK leaving the EU without a deal.[40][42] The morning also saw Phillip Lee's surprise resignation as a junior Tory minister saying, "If, in the future, I am to look my children in the eye and honestly say that I did my best for them I cannot, in all good conscience, support how our country’s current exit from the EU looks set to be delivered."[43]

As the debate went on the government gave assurances to potential Tory rebels that they would address their concerns in a new amendment for the Lords to consider. The concession offered by ministers is believed to include offering a new parliamentary motion if the Brexit deal is voted down by MPs and peers,[2] this would open the door to MPs taking control of the negotiations if ministers fail to strike a deal in Brussels.[44] The concession by the government meant that the government won 324 votes to 298 - a majority of 26.[45][2]

Aftermath of the Commons Vote

On BBC's Newsnight Grieve said that May must honour "assurances" she's given that Parliament will get a bigger say on any final Brexit deal.[46][47] However there is disagreement among Tories over what had been agreed with Anna Soubry MP saying that, "the PM said yesterday that clause c of Dominic Grieves amendment would be discussed as part of the new amendment to be tabled in the Lords",[48] and Stephen Hammond MP writing, "Parliament must be able to have its say in a "no deal" situation and we made this point very strongly today to the Government. The Government has conceded this point and I expect to see a new amendment to cover this situation soon."[49]

A spokesperson for Downing Street claimed that the prime minister had agreed only to ongoing discussions and Davis’s Brexit department issued a statement which read: "We have not, and will not, agree to the House of Commons binding the Government’s hands in the negotiations."[48] Tory MP Andrew Bridgen said that "Tory Remainers supportive of Grieve's amendment to the Brexit bill of deliberatively attempting to stop the UK leaving the EU completely."[50]

Speaking the day after the vote in the Commons at Prime Minister's Questions, May said, "We have seen concerns raised about the role of Parliament in relation to the Brexit process. What I agreed yesterday is that, as the Bill goes back to the Lords, we will have further discussions with colleagues over those concerns. This morning, I have agreed with the Brexit Secretary that we will bring forward an amendment in the Lords, and there are a number of things that will guide our approach in doing so... As my right hon. Friend the Brexit Secretary made clear in the House yesterday, the Government’s hand in the negotiations cannot be tied by Parliament, but the Government must be accountable to Parliament. Government determines policy, and we then need parliamentary support to be able to implement that policy.[51] Commenting the BBC's Laura Kuenssberg said that, "The risk is that appears as double dealing."[52]

Goverment's proposed amendment

On the evening of 14 June 2018 the government published its compromise amendment:

(5A)A Minister of the Crown must make arrangements for -
(a)a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in subsection (4), to be moved in that House by a Minister of the Crown within the period of 7 Commons sitting days beginning with the day on which the statement is made, and
(b)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 7 Lords sitting days beginning with the day on which the statement is made.
(5B)Subsection (5C) applies if the Prime Minister makes a statement before the end of 21 January 2019 that no agreement can be reached in negotiations under Article 50(2) of the Treaty on European Union on the substance of -
(a)the arrangements for the United Kingdom's withdrawal from the EU, and
(b)the framework for the future relationship between the EU and the United Kingdom after withdrawal.
(5C)A Minister of the Crown must, within a period of 14 days beginning with the day on which the statement mentioned in subsection (5B) is made -
(a)make a statement setting out how Her Majesty's Government proposes to proceed, and
(b)make arrangements for -
(i)a motion in neutral terms, to the effect that the House of Commons has considered the statement mentioned in paragraph (a), to be moved in that House by a Minister of the Crown within a period of 7 Commons sitting days beginning with the day on which the statement mentioned in paragraph (a) is made, and
(ii)a motion for the House of Lords to take note of the statement mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of 7 Lords sitting days beginning with the day on which the statement mentioned in paragraph (a) is made.[53]

As of 15 June 2018 rebel Tory MPs were reportedly still unhappy with the amendment as it only allows the Commons "a motion in neutral terms" (5C)(b)(i). Grieve had originally wanted the amendment to say that the government must seek the approval of Parliament for its course of action - and that ministers must be directed by MPs and peers.[54][55]

Re-tabling of Grieve’s amendment

On the evening of 14 June 2018 Viscount Hailsham, who proposed the original amendment on the meaningful vote, re-tabled Grieve’s amendment under his own name in the Lords in full.[29][56] Speaking on the Sunday Politics programme, ahead of the amendment returning to the Lords, Grieve said, "The alternative is that we've all got to sign up to a slavery clause now saying, 'Whatever the government does when it comes to January, however potentially catastrophic it might be for my constituents and my country, I'm signing in blood now that I will follow over the edge of the cliff', and that, I can tell you, I am not prepared to do." In response the Solicitor General, Robert Buckland Conservative MP, speaking on the same programme said, "If you were Michel Barnier and you were looking into the negotiation and looking into the future, it gives him a bit of a trump card to play when he knows that whatever the UK government might be saying to him now, he knows that at the end of it there's a third-party in this relationship, namely parliament, who are going to get involved and trump whatever the UK government say. Now that's not a good place for David Davis to be in. David Davis needs to be able to go out there and have a firm negotiating hand..."[57]

On 18 June Lord Hailsham's amendment was passed by the Lords, a defeat for the government by 354 votes to 235 - a majority of 119.[58][59]

When the bill returned to the Commons on 20 June the government offered further concessions. The concessions meant that the government won by 319 votes to 303 - a majority of 16.[60][61]

Grieve said afterwards: "We’ve managed to reach a compromise without breaking the government – and I think some people don’t realise we were getting quite close to that. I completely respect the view of my colleagues who disagree, but if we can compromise we can achieve more."[61]

Full text

Final full text of section 13 as it appears in the European Union (Withdrawal) Act 2018

13Parliamentary approval of the outcome of negotiations with the EU[62]

(1)The withdrawal agreement may be ratified only if—
(a)a Minister of the Crown has laid before each House of Parliament—
(i)a statement that political agreement has been reached,
(ii)a copy of the negotiated withdrawal agreement, and
(iii)a copy of the framework for the future relationship,
(b)the negotiated withdrawal agreement and the framework for the future relationship have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown,
(c)a motion for the House of Lords to take note of the negotiated withdrawal agreement and the framework for the future relationship has been tabled in the House of Lords by a Minister of the Crown and—
(i)the House of Lords has debated the motion, or
(ii)the House of Lords has not concluded a debate on the motion before the end of the period of five Lords sitting days beginning with the first Lords sitting day after the day on which the House of Commons passes the resolution mentioned in paragraph (b), and
(d)an Act of Parliament has been passed which contains provision for the implementation of the withdrawal agreement.
(2)So far as practicable, a Minister of the Crown must make arrangements for the motion mentioned in subsection (1)(b) to be debated and voted on by the House of Commons before the European Parliament decides whether it consents to the withdrawal agreement being concluded on behalf of the EU in accordance with Article 50(2) of the Treaty on European Union.
(3)Subsection (4) applies if the House of Commons decides not to pass the resolution mentioned in subsection (1)(b).
(4)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, 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 Treaty on European Union.
(5)A statement under subsection (4) must be made in writing and be published in such manner as the Minister making it considers appropriate.
(6)A Minister of the Crown must make arrangements for—
(a)a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in subsection (4), 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
(b)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.
(7)Subsection (8) applies if the Prime Minister makes a statement before the end of 21 January 2019 that no agreement in principle can be reached in negotiations under Article 50(2) of the Treaty on European Union on the substance of—
(a)the arrangements for the United Kingdom's withdrawal from the EU, and
(b)the framework for the future relationship between the EU and the United Kingdom after withdrawal.
(8)A Minister of the Crown must, within the period of 14 days beginning with the day on which the statement mentioned in subsection (7) is made—
(a)make a statement setting out how Her Majesty's Government proposes to proceed, and
(b)make arrangements for—
(i)a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in paragraph (a), 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 mentioned in paragraph (a) is made, and
(ii)a motion for the House of Lords to take note of the statement mentioned in paragraph (a) 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 mentioned in paragraph (a) is made.
(9)A statement under subsection (7) or (8)(a) must be made in writing and be published in such manner as the Minister making it considers appropriate.
(10)Subsection (11) applies if, at the end of 21 January 2019, there is no agreement in principle in negotiations under Article 50(2) of the Treaty on European Union on the substance of—
(a)the arrangements for the United Kingdom's withdrawal from the EU, and
(b)the framework for the future relationship between the EU and the United Kingdom after withdrawal.
(11)A Minister of the Crown must, within the period of five days beginning with the end of 21 January 2019—
(a)make a statement setting out how Her Majesty's Government proposes to proceed, and
(b)make arrangements for—
(i)a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in paragraph (a), to be moved in that House by a Minister of the Crown within the period of five Commons sitting days beginning with the end of 21 January 2019, and
(ii)a motion for the House of Lords to take note of the statement mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of five Lords sitting days beginning with the end of 21 January 2019.
(12)A statement under subsection (11)(a) must be made in writing and be published in such manner as the Minister making it considers appropriate
(13)For the purposes of this section—
(a)a statement made under subsection (4), (8)(a) or (11)(a) may be combined with a statement made under another of those provisions,
(b)a motion falling within subsection (6)(a), (8)(b)(i) or (11)(b)(i) may be combined into a single motion with another motion falling within another of those provisions, and
(c)a motion falling within subsection (6)(b), (8)(b)(ii) or (11)(b)(ii) may be combined into a single motion with another motion falling within another of those provisions.
(14)This section does not affect the operation of Part 2 of the Constitutional Reform and Governance Act 2010 (ratification of treaties) in relation to the withdrawal agreement.
(15)In subsection (1) “framework for the future relationship” means the document or documents identified, by the statement that political agreement has been reached, as reflecting the agreement in principle on the substance of the framework for the future relationship between the EU and the United Kingdom after withdrawal.
(16)In this section—
“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);
“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);
“negotiated withdrawal agreement” means the draft of the withdrawal agreement identified by the statement that political agreement has been reached;
“ratified”, in relation to the withdrawal agreement, has the same meaning as it does for the purposes of Part 2 of the Constitutional Reform and Governance Act 2010 in relation to a treaty (see section 25 of that Act);
“statement that political agreement has been reached” means a statement made in writing by a Minister of the Crown which—
(a)states that, in the Minister's opinion, an agreement in principle has been reached in negotiations under Article 50(2) of the Treaty on European Union on the substance of—
(i)arrangements for the United Kingdom's withdrawal from the EU, and
(ii)the framework for the future relationship between the EU and the United Kingdom after withdrawal,
(b)identifies a draft of the withdrawal agreement which, in the Minister's opinion, reflects the agreement in principle so far as relating to the arrangements for withdrawal, and
(c)identifies one or more documents which, in the Minister's opinion, reflect the agreement in principle so far as relating to the framework.

Further reading

  • Simson Caird, Jack (9 February 2018). "Parliament and the withdrawal agreement: the "meaningful vote"". commonslibrary.parliament.uk. House of Commons Library.
  • Grieve, Dominic (8 February 2018). "Brexit and the sovereignty of parliament: a backbencher's view". The Constitution Unit. University College London.

Notes

  1. While going through Parliament, the amendment was relabelled with a variety of clause numbers as other amendments were added to or deleted from the Bill, but by the final version of the Bill, which received Royal Assent, it had become Section 13. In the United Kingdom, Acts of Parliament have sections, whereas in a Bill (which is put before Parliament to pass) those sections are called clauses.
  2. The UK is due to withdraw from the EU on 29 March 2019.

References

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    Background to Grieve's amendment (2.15 mins in).
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