Brexit withdrawal agreement

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Draft Agreement on the Withdrawal of the United Kingdom from the European

Union

The United Kingdom (orange) and the remaining 27 member states of the European Union (blue)

Type Treaty setting out terms of withdrawal

Context UK withdrawal from the EU (Brexit)

Drafted November 2018

October 2019 (revision)

Condition Ratification by the Council of the European Union, the European Parliament, and

the Parliament of the United Kingdom.

 Donald Tusk
Negotiators

(Council President)

 Jean-Claude Juncker

(Commission President)

 Michel Barnier

(European Chief Negotiator)

 Theresa May

(Prime Minister) (November 2018 draft)

 Boris Johnson

(Prime Minister) (October 2019 draft)

 Olly Robbins[a]

(Prime Minister's Europe Adviser and Chief Negotiator)[1] (2018 draft)

  Stephen Barclay (DExEU Secretary of State)[b]

Parties  European Union

 United Kingdom

Depositary Secretary General of the Council of the European Union

Languages The 28 EU languages

 Wikisource

 Draft Agreement on the Withdrawal of the United Kingdom from the European Union

1. ^ Olly Robbins was appointed as the Prime Minister's Europe Advisor on 18

September 2017. He was previously the Brexit Department's first Permanent Secretary.

2. ^ Other incumbents during the negotiations were David Davis (July 2016 to July

2018) and Dominic Raab (July 2018 to November 2018).

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The Brexit withdrawal agreement (officially: The draft Agreement on the Withdrawal of the

United Kingdom from the European Union) is an (as of 21 October 2019) unratified treaty
between the European Union (EU) and the United Kingdom (UK), setting the terms of the
withdrawal of the latter from the former (Brexit). The original withdrawal agreement was rejected
by the House of Commons on three occasions, leading to the resignation of Theresa May from
the premiership of the UK. It was subsequently renegotiated by Boris Johnson, with a new
version published on 17 October 2019. [2]

It 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  and the UK Government led [3]

by Prime Minister Theresa May, but faced opposition in the UK parliament, whose approval was
necessary for ratification. (Ratification by the European Parliament is also required but (as of
September 2019) remains to be sought.) On 15 January 2019, the House of Commons rejected
the withdrawal agreement by a vote of 432 to 202.  The Commons rejected the Agreement again
[4]

on 12 March 2019, on a vote of 391 to 242,  and rejected a third time of 29 March 2019 by 344
[5]

votes to 286. On 19 October 2019, the Johnson Government proposed then withdrew its motion
that Parliament ratify the second draft (when Parliament decided that it wished first to scrutinise
the Government's Withdrawal Agreement Bill). [6]

Closely connected to the withdrawal agreement is a non-binding political declaration on the

future EU-UK relationship.

Content (2018 version)[edit]

The withdrawal agreement, which runs to 599 pages, covers the following main areas: [10]

 Money, particularly the division of assets and liabilities, and payment of any debt outstanding
 Citizens rights, both of UK 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 sets up a transitional period, which lasts until 31 December 2020 and can be extended once by mutual consent. During the
transitional period, the UK will remain a member of the European Economic Area, the single market, and the customs union, EU laws will
continue to apply to the UK, and the UK will continue to pay into the EU budget. However, the UK will not be represented in the decision-making
bodies of the EU. The transition period will give 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. [11][12]

On the Irish border question, there is a Northern Ireland Protocol (the "Backstop") appended to the agreement which sets a fall-back position that
will only come into force should effective alternative arrangements fail to be demonstrated before the end of the transition period. If this happens,
the UK will shadow the EU's Common external tariff and Northern Ireland will keep in aspects of the Single Market, until such a demonstration is
achieved. Neither party can unilaterally withdraw from this customs union. The goal of this backstop agreement is to avoid a "hard" border in
Ireland, where customs checks are necessary.[13]

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. [14]

The more important elements of the draft agreement are these: [15]
Common provisions[edit]
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[edit]

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[edit]

UK nationals and Union citizens, family members that are UK nationals or Union citizens and family members that 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 [clarification needed] 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[edit]

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

Goods placed on the market[edit]

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[edit]

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 licencing 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[edit]

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[edit]
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 protocol (the Backstop) [edit]

Main article: Irish backstop

Further information: Brexit and the Irish border

The Northern Ireland Protocol, known familiarly as the "Irish backstop", is the annex that describes the provisions to prevent a hard border in
Ireland after the United Kingdom leaves the European Union. The Protocol includes 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 aspect of the agreement is more fully
described in its own article.

Revisions in 2019[edit]
The agreement was subject to revisions under the Johnson ministry's renegotiation in 2019. The amendments adjust approximately 5% of the
text.[16]

Northern Ireland[edit]
The changes included the removal of the protocol on Ireland/ Northern Ireland, or "backstop", in favour of continued regulatory alignment on the
island of Ireland. There were also amendments relating to the movement of goods and the UK customs territory. Northern Ireland is to be de
jure in the UK customs territory but de facto in the European Union Customs Union and the European Single Market for at least four years after
the end of the transition period (and for a further four years if the Northern Ireland Assembly so decides by simple majority, or eight years if the
decision is by cross-community vote).[17][18][19]
Labour standards[edit]
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.[20]

Reception[edit]
Original deal[edit]
The reception of the agreement in the House of Commons ranged from cool to hostile and the vote was delayed more than a month. Prime
Minister May won a no confidence motion in her own party, but the EU refused to accept any further changes.

UK government resignations[edit]
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 UK government, several
members of the government resigned, including Dominic Raab, Secretary of State for Exiting the European Union.[21]

Revised deal[edit]
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.[22]

UK Parliament votes[edit]
It has been suggested that Meaningful vote#Votes be merged into this section. (Discuss) Proposed since April 2019.

Further information: Parliamentary votes on Brexit

On 15 January 2019, the House of Commons voted down the Brexit withdrawal agreement by 230 votes, [4] the largest vote against the United
Kingdom government in history.[23] The May government survived a confidence vote the following day.[4] 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. [24][25] 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 UK governments from forcing the Commons to
repeatedly vote on an issue that the Commons has already voted upon. [26][27][28] 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.[29]

Political declaration of future relationship[edit]

See also: Continuing United Kingdom relationship 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
planned withdrawal of the United Kingdom (UK) from the European Union (EU), colloquially known as Brexit.

The text has been characterised as deliberately vague, keeping a range of possible options on the table, including continuing UK participation in
the EU's Single Market and Customs Union.

Labour Party (UK)

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Labour Party

Leader Jeremy Corbyn

Deputy Leader Tom Watson

General Secretary Jennie Formby

Chairman Ian Lavery

Lords Leader Baroness Smith

Founded 27 February 1900; 119 years ago[1][2]

Headquarters Southside

105 Victoria Street

London

SW1E 6QT[3]

Student wing Labour Students (disaffiliated from the Labour Party in September

2019)[4]

Youth wing Young Labour

LGBT wing LGBT Labour

 519,000[5]
Membership (2019)

Ideology Social democracy[6]

Democratic socialism[7]

Political position Centre-left

European affiliation Party of European Socialists

Progressive Alliance
International affiliation
Socialist International (observer)

European Parliament group Progressive Alliance of Socialists and Democrats

Affiliate parties Co-operative Party (Labour Co-op)

Social Democratic and Labour Party

Colours      Red

Slogan "For the many, not the few"

Anthem "The Red Flag"

Governing body National Executive Committee

Constituting instrument Labour Party Constitution (Clause IV)

Devolved branches Scottish Labour

Welsh Labour

London Labour
Parliamentary parties PLP

EPLP

Labour Lords

House of Commons[a] 244 / 650

House of Lords 181 / 792

European Parliament 10 / 73

Scottish Parliament 23 / 129

Welsh Assembly 29 / 60

London Assembly 12 / 25

Local government[8] 6,283 / 19,787

Police and crime commissioners 15 / 40

Directly elected mayors 16 / 25

Website

labour.org.uk 

 Politics of the United Kingdom

 Political parties

 Elections

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The Labour Party is a centre-left political party in the United Kingdom that has been described
as an alliance of social democrats, democratic socialists and trade unionists.  The party's
[9]

platform emphasises greater state intervention, social justice and strengthening workers' rights.

The Labour Party was founded in 1900, having grown out of the trade union
movement and socialist parties of the nineteenth century. It overtook the Liberal Party to become
the main opposition to the Conservative Party in the early 1920s, forming two minority
governments under Ramsay MacDonald in the 1920s and early 1930s. Labour served in
the wartime coalition of 1940–1945, after which Clement Attlee's Labour government established
the National Health Service and expanded the welfare state from 1945 to 1951. Under Harold
Wilson and James Callaghan, Labour again governed from 1964 to 1970 and 1974 to 1979. In
the 1990s, Tony Blair took Labour closer to the centre as part of his "New Labour" project, which
governed the UK under Blair and then Gordon Brown from 1997 to 2010. Since Jeremy
Corbyn took over the leadership in 2015 from Ed Miliband, the party has moved leftward.
Labour is currently the Official Opposition in the Parliament of the United Kingdom, having won
the second-largest number of seats in the 2017 general election. The Labour Party is currently
the largest party in the Welsh Assembly, forming the main party in the current Welsh
government. The party is the third-largest in the Scottish Parliament.
Labour is a member of the Party of European Socialists and Progressive Alliance, holds observer
status in the Socialist International, and sits with the Progressive Alliance of Socialists and
Democrats in the European Parliament. The party includes semi-
autonomous Scottish, Welsh branches, and supports the Social Democratic and Labour Party in
Northern Ireland, although it still organises there. As of 2017, Labour had the largest membership
of any party in Western Europe. [10]

Irish backstop
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For broader coverage of this topic, see Brexit and the Irish border.
This article may be affected by the following current event: Brexit negotiations in 2019. Information in this article may
change rapidly as the event progresses. Initial news reports may be unreliable. The last updates to this article may not
reflect the most current information. Please feel free to improve this article or discuss changes on the talk page. (October
2019) (Learn how and when to remove this template message)

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Look up Backstop in

Wiktionary, the free

dictionary.

The Irish backstop was the familiar name given to a protocol appended to the draft Brexit
withdrawal agreement made between the May government and the European Union in
November 2017, that aimed to prevent an evident border (one with customs controls) between
the Republic of Ireland and Northern Ireland after the United Kingdom leaves the European
Union. Known formally as the Northern Ireland Protocol, it was a standalone (draft)
treaty appended to the draft Brexit withdrawal agreement agreed in November 2018 between
the then-Government of the UK and the European Council. This draft was not ratified and has
been replaced in the second draft agreement dated 17 October 2019, made between
the Johnson Government and the European Commission. (As of 18 October 2019, this second
draft is due to be considered by each of the European Council, the Parliament of the United
Kingdom and the European Parliament).
The backstop aimed to prevent a 'hard' border by keeping Northern Ireland in some aspects of
the Single Market, until an alternative arrangement is agreed between the EU and the UK. The
proposal also provides for the UK (as a whole) to have a common customs territory with the EU
until the solution is delivered, to avoid the need for customs controls within the UK (between
Northern Ireland and Great Britain). The 'backstop' element is that the arrangement would
continue to apply until a solution is agreed, even if there is no trade agreement between UK and
EU by the end of the transition period.
The Irish government and Northern Irish nationalists (favouring a united Ireland) support the
protocol, whereas Unionists (favouring the existing United Kingdom) oppose it. By early 2019
the Westminster Parliament had voted three times against ratifying the Withdrawal Agreement
and thus also rejected the Northern Irish protocol.
Since late August 2019, the new Johnson government sought to renegotiate the draft, aiming in
particular to remove or replace the backstop. The October 2019 draft agreement proposes that
Northern Ireland will be "de jure in the customs territory of the United Kingdom but de facto in
the European Union Customs Union and European Union Single Market".