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May period (Phase 2)

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As Prime Minister, Theresa May led the initial Phase 2 negotiations.

This section describes the sequence of key events, based principally on the House of Commons Library’s record.

The period ended with her resignation on 7 June 2019.

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

Key events 2018 and 2019

1 In the absence of a UK proposal, European Commission published a draft Withdrawal Agreement on 28 February 2018.

2 Mansion House speech on 2 March 2018:

  • Theresa May laid out some elements of her vision for the future UK-EU economic partnership.
    • some blurring of the UK’s red lines, for example in relation to the role of the ECJ;
    • left unresolved contradictions such as leaving the EU Customs Union but avoiding a border on the island of Ireland.
  • Contained examples of UK wanting to keep benefits of EU membership (such as influence over EU standards and rules) but also being able to diverge. This was commonly referred to as “UK wanting to have its cake and eat it”, “cakeism” or “cherry-picking”.
  • Most commentators viewed the speech as short on the concrete details needed for the Phase 2 negotiations. Four months later, the Chequers White Paper provided detail.

3 European Council President, Donald Tusk, issued draft guidelines on the framework for the EU’s post-Brexit relations with the UK on 7 March 2018.

4 Amended Draft Withdrawal Agreement was published on 19 March 2018 with UK-EU agreement on:

  • transition period for 21 months to 31 December 2020 (coinciding with EU’s seven-year financial plan) during which UK would continue as member of Single Market and Customs Union;
  • agreement on citizens’ rights (but further details were still needed);
  • UK’s financial settlement;
  • However:
    • the Irish border question was unresolved as was governance (principally the role of the ECJ).

5 Phase 1 is closed: European Union (Withdrawal) Bill receives Royal Assent and becomes an Act on 26 June 2018.

6 Cabinet meets at Chequers to agree a collective position for the future Brexit negotiations with the EU on 6 July 2018.

  • David Davis resigns on 9 July as Secretary of State for Exiting the European Union and is replaced by Dominic Raab.
  • Chequers White Paper (‘The future relationship between the United Kingdom and the European Union’) is published 12 July 2018
    • Described in 90 pages the UK Government’s proposals for its future relationship with the EU.
    • Proved divisive in Parliament – led to cabinet resignations and objections from Tory MPs.
    • Although Chequers proposals were shelved, they show the breadth and complexity of UK’s future relationship with the EU.
    • Brexit Steering Group of the European Parliament cautiously welcomed the Chequers White Paper as a basis for starting negotiations.
      • The stated priority for the EU was to finalise the Withdrawal Agreement and, in particular, resolve the Irish border question, while preserving the integrity of the Single Market and its four freedoms.
      • Commission was clear in July that it was looking for practical and workable solutions, not more bureaucracy. Michel Barnier also highlighted the need to consider links between goods and services, because freedom of movement of goods on its own was not enough.
    • In the UK, one main area of debate was the model for UK-EU trade arrangements. To minimise the economic damage of Brexit, UK politicians revived discussion of alternative trade models such as the Canadian FTA or an EEA-EFTA arrangement.
      • Customs arrangements were a key consideration, because of the Irish border.
    • Please see Appendix F: Chequers proposals for more details of the proposals.

7 Government publishes guidance on how to prepare for a ‘no-deal’ Brexit:

  • First guidance issued on 23 August 2018
  • 52 technical notices on preparation for no-deal issued during September 2018
  • Further 29 technical notices issued on 12 October 2018

8 European Council meets and decides that insufficient progress had been made to finalise the Withdrawal Agreement on 18 October 2018

9 Dominic Raab resigns 15 November 2018 and Stephen Barclay appointed as the new Secretary of State for Exiting the European Union.

10 EU27 leaders endorse the Brexit withdrawal agreement and approve the political declaration on future EU-UK relations on 25 November 2018.

  • European Council approved the WA unanimously (even though approval required only a supermajority from leaders representing at least 20 of the 27 states and 65% of the population).

11 ECJ ruled that the UK had the power to revoke Article 50 unilaterally on 10 December 2018. If it did revoke, the UK would remain a member of the EU on its current terms. That is, it would retain its budget rebate and its opt-outs from the Euro and Schengen.

12 Government suffers a huge defeat on the ‘Meaningful Vote’ after five days of Brexit debates. 202 MPs voted for the PM’s proposed deal, 432 against – on 15 January 2019.

13 After cross-party talks, Theresa May presents her government’s ‘Plan B’ Brexit proposal to Parliament on 21 January 2019

14 Two amendments were approved on 29 January 2019:

  • against exiting the EU without a deal,
  • against the Northern Ireland backstop in its current form

15 Government suffers another large defeat on ‘Meaningful Vote 2’ on the WA (242 in favour, 391 against) on 12 March 2019.

16 Prime Minister writes to European Council President, Donald Tusk, asking for an extension of the Article 50 period until 30 June 2019 on 20 March 2019.

  • Note: throughout the Article 50 period, including any extension, the Government retained the power to revoke Article 50, which would have prevented ‘no deal’.

16 Government loses ‘Meaningful Vote 3’ on the WA by 344 votes to 284 on 29 March 2019.

17 UK and EU27 agree a further extension of Article 50 until 31 October 2019 on 10 April 2019.

  • As a condition for extended EU membership, the UK undertook to hold European elections (if not, the extension would have been limited to 30 June).

18 UK votes in the European elections on 23 May 2019.

  • Brexit Party wins 31.6% of the vote and the most seats (29).

19 Theresa May announces that she will resign on 7 June 2019 on 24 May 2019.

20 Ursula von der Leyen confirmed on 16 July 2019 as the European Commission’s President, from 1 November 2019, to replace Jean-Claude Juncker when he steps down.

21 Boris Johnson wins the Conservative party leadership vote on 23 July 2019.

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