Having suffered an overwhelming defeat in Parliament today, PM
May faces the stark choice of tabling a revised Brexit agreement what is
approved by the majority of UK MPs.
Despite the fact that a solution seems almost impossible to
most observers, there IS one that could be successfully tabled on Monday and
approved by the majority of MPs.
What is
the solution?
PM May tables a statute which if approved will govern the acts
of the UK as a member of the EU for the next 24 months.
This UK statute only needs approval by the UK Parliament, and
the solution does not require any approval by the rest of the EU.
We can call this the Reform EU from Within or face Brexit 2.0 option.
We can call this the Reform EU from Within or face Brexit 2.0 option.
What will the new law say?
These key things:
1.
Revocation: The UK
Government will be required to unilaterally revoke its intention to withdraw
from the EU according to Article 50 of the Treaty on European Union.
2.
UK votes
on future EU matters: The UK Government will be required to vote on any
and all major matters presented to EU states for approval only if the EU
seriously takes steps to remedy, in a manner acceptable to the UK Government in
its sole discretion, at least the following changes to the Treaty on European
Union.
3.
Migration
rules: A change to the approval process for the admittance of
members of the EU into any other EU state, such that:
a.
the UK (and all other states that wish to opt into
such approval process) may restrict the admittance of migrants who do not meet
defined minimum criteria.
b.
The criteria will include any such state’s
decision by its parliament, to restrict total immigration to set totals each
year.
c.
This provision will apply to citizens of other EU states,
as well as to migrants from non-EU states who end up in any EU state and wish
to enter into the UK.
4.
CJEU
issues: A change in the application of the Court of Justice of the
European Union (CJEU) decisions to the UK with respect to defined areas
(spelled out in the new UK law), should the most senior court in the UK decide
that such changes should not apply in those areas unless approved by either the
UK Parliament, or by a referendum of UK citizens.
5.
Backstop
provision: A change in the EU Treaty that would prevent the Backstop
being applied to the UK in any future Brexit agreement if the governments of
Ireland and the UK (including consent by northern Ireland), have agreed upon
some method (using new technology or otherwise) to allow the free flow of goods
between Ireland and the UK without any border between the two states.
6.
Other
Core issues: Any other changes to the EU Treaty regarding
other core issues (to be spelled out in the new UK law).
The new UK law will oblige the UK Government to exercise its
votes in all major EU matters in accordance with the above criteria until the
earlier of all those criteria being met, or two years having passed (the expiry
date).
The UK government will then be obliged to hold a new
referendum within 6 months of such Expiry Date.
If a majority of UK voters then
vote to remain in the EU for a further 2 year period, the same process will be
repeated.
If the majority vote is to exit under Article 50, then Brexit 2.0 must
be commenced by the UK Government.
Why will
this solution succeed?
Because it gives the UK a chance to work with the EU to
resolve the major sticking points in its relationship with the EU under the EU
Treaty, and then either to stay in or to exit (a crash out if no exit agreement
is reached between the UK and the EU at the time of Brexit 2.0.
The above solution is solely within the UK’s power to
implement. No consent is required at this stage from the EU.
It is very probable that several other EU states will join the
UK in pushing for such changes to the EU Treaty, so increasing the chances of
positive changes according to the principles set out in the new UK law.
The solution also preserves the interests of both those who
voted for and gainst Brexit two years ago.
How about it, PM May?
Grab this and run with it!