May period (Phase 1)

This section covers Phase 1 of the negotiations up to December 2017, led by Theresa May. It lays out the key events in date order with limited commentary, based principally on the House of Commons Library’s record.

For a fuller description of what happened during an intense and exceptional period for British politics, please refer to one of the excellent books on the topic, such as Professor Chris Grey’s ‘Brexit Unfolded’ (ISBN: 9781785908279) or Michel Barnier’s ‘My Secret Brexit Diary’ (ISBN: 9781509550869).

Source: House of Commons Library, Brexit timeline: events leading to the UK’s exit from the European Union, 6 January 2021

Key players

Their supporting cast included:

• Nick Timothy, political adviser to Theresa May
• Sir Tim Barrow, UK’s Permanent Representative to the EU from 4 January 2017, replacing Sir Ivan Rogers who resigned
• Claire Moriarty, second most senior civil servant at DExEU, replaced Philip Rycroft who retired on 29 March 2019.
• Glyn Williams, immigration policy

Key events to December 2017

1 Speech at Conservative party conference 2 October 2016:

• PM announced Article 50 would be triggered by the first quarter of 2017.
• Laid out ‘red lines’ of leaving Single Market and Customs Union

2 Commons vote 7 December 2016 to respect outcome of the referendum, which was advisory.

3 Lancaster House speech on 17 January 2017:

• PM laid out the government’s ‘Plan for Britain’ with 12 negotiating objectives (see Table 13.1).
• Reiterated its arbitrary ‘red lines’:
  • constrained the UK’s negotiating position by saying that, in addition to leaving the EU, the UK would leave the Single Market, the EU Customs Union and the jurisdiction of the ECJ.
• Emphasised idea of ‘Global Britain’.
• Coined the phrase: ‘no deal is better than a bad deal’.

4 Commons voted to trigger Article 50 1 February 2017:

• A majority of 384 (498 vs 114) passed the Second Reading of the European Union (notification of Withdrawal) Bill to give the Government authority to trigger Article 50 and begin Brexit negotiations. 
• Labour leadership supported the bill, but the SNP, Plaid Cymru and the Liberal Democrats opposed it. Forty-seven Labour MPs and Tory ex-chancellor Ken Clarke voted against the bill.

5 White Paper published on 2 February 2017:

• The Paper was a political high-level document rather than a technical document and provided little detail.
• The 12 negotiating objectives for Brexit were aspirational and related to limiting the damage of Brexit.

Table 13.1: UK government objectives
Objective	Implication	Comment
1. Providing certainty and clarity	We will provide certainty wherever we can as we approach the negotiations	Ambiguity and lack of clarity were more evident than certainty.
2. Taking control of our own laws	We will take control of our own statute book and bring an end to the jurisdiction of the Court of Justice of the European Union in the UK.	As an EU member, UK controlled the majority of its laws and shaped EU decisions, laws and regulations. Brexit meant loss of influence over EU regulation and policy, with which UK still needs to comply to trade with EU.
3. Strengthening the Union	We will secure a deal that works for the entire UK – for Scotland, Wales, Northern Ireland and all parts of England. We remain fully committed to the Belfast Agreement and its successors.	Brexit damage limitation – Irish border issues are still not fully resolved.
4. Protecting our strong and historic ties with Ireland and maintaining the Common Travel Area	We will work to deliver a practical solution that allows for the maintenance of the Common Travel Area, whilst protecting the integrity of our immigration system and which protects our strong ties with Ireland.	Brexit damage limitation
5. Controlling immigration	We will have control over the number of EU nationals coming to the UK.	Most UK immigration was and is not from the EU.
6. Securing rights for EU nationals in the UK, and UK nationals in the EU	We want to secure the status of EU citizens who are already living in the UK, and that of UK nationals in other member states, as early as we can.	Brexit damage limitation
7. Protecting workers’ rights	We will protect and enhance existing workers’ rights.	Brexit damage limitation
8. Ensuring free trade with European markets	We will forge a new strategic partnership with the EU, including a wide reaching, bold and ambitious free trade agreement, and will seek a mutually beneficial new customs agreement with the EU.	Brexit damage limitation
9. Securing new trade agreements with other countries	We will forge ambitious free trade relationships across the world.	An opportunity but was always unlikely to be sufficient to mitigate Brexit damage to UK trade with its biggest trading partner by far, the EU.
10. Ensuring the UK remains the best place for science and innovation	We will remain at the vanguard of science and innovation and will seek continued close collaboration with our European partners.	Brexit damage limitation
11. Cooperating in the fight against crime and terrorism	We will continue to work with the EU to preserve European security, to fight terrorism, and to uphold justice across Europe.	Brexit damage limitation
12. Delivering a smooth, orderly exit from the EU	We will seek a phased process of implementation, in which both the UK and the EU institutions and the remaining EU member states prepare for the new arrangements that will exist between us.	Brexit damage limitation

Source: The United Kingdom’s exit from and new partnership with the European Union White Paper, Feb 2017

6 Parliament passed the European Union (Notification of Withdrawal Bill) 14 March 2017

7 Prime Minister triggered Article 50 on 29 March 2017:

• by letter from Prime Minister to Donald Tusk, President of the European Council, to notify him of UK’s intention to leave the EU;
• before agreeing the government’s negotiating stance for the future UK-EU relationship, for example, in terms of its desired trade deal;
• started a legally-binding two-year clock for the UK to leave the EU.

8 European Council published draft negotiating guidelines for the EU27 on 31 March 2017

See Appendix G: Negotiating papers for a list of the negotiating papers that supported the negotiations to appreciate the breadth and depth of what was covered.

9 General Election on 8 June 2017

• Results in a hung Parliament.
• Conservatives form a government.

10 First round of UK exit negotiations begins on 19 June 2017

11 Second round of negotiations begins on 14 July 2017

12 During August, the government publishes a series of papers with proposals on on the UK’s future partnership with the EU:

• Customs relationship
• Northern Ireland and Ireland
• Goods on the market
• Cross-border civil judicial coperation
• Enforcement and dispute resolution
• Data protection
• Nuclear fuel and waste

13 Third round of negotiations begins 28 August 2017

14 European Union (Withdrawal) Bill passes its Second Reading on 12 September 2017

15 Florence speech on 22 September 2017:

• Theresa May confirmed that neither the Norway (EEA-EFTA) nor Canada (a deep FTA) approaches would be suitable for the UK, but did not say what she wanted.
• Offered a transition period of around two years after March 2019 during which the UK would remain a member of the Single Market and the EU Customs Union.
• On Northern Ireland, the Prime Minister confirmed that the UK and the EU had committed to protecting the Belfast Agreement (the Good Friday Agreement) and the Common Travel Area.
  • Explicit that neither the UK nor the EU would accept any physical infrastructure at the Irish border with Northern Ireland. This goal contradicted the red lines of leaving the Customs Union, which creates a customs border between Norther Ireland and the EU.

16 UK-EU negotiations continue:

• Fourth round of negotiations begins on 25 September 2017
• Fifth round of negotiations begins on 9 October 2017
• Further negotiations 9-10 November 2017

Phase 1 related solely to the Withdrawal Agreement and prioritised the urgent issues of citizens’ rights, the Irish border and the financial settlement. Negotiations began on 19 June 2017, shortly after the UK General Election on 8 June.

17 Phase 1 agreed in principle when UK and EU published a Joint Report on progress on 8 December 2017. Both sides agreed to move to Phase 2 in January 2018:

• Phase 2’s goals were to agree a legally-binding Withdrawal Agreement, the principles for the future UK-EU relationship, in a Political Declaration.
• Although Phase 1 had been agreed in principle, there was still much detailed technical work to be done on Phase 1 in parallel with Phase 2 activities, including negotiating the details of the transition arrangement.