Matthew Parris Matthew Parris

We can delay Brexit – and we must

issue 21 July 2018

Omissions can be as instructive as inclusions. I noted a curious example in a column Nick Timothy wrote last month for the Daily Telegraph: ‘Why Dominic Grieve’s push for a “meaningful vote” really would mean stopping Brexit.’ Until he left Downing Street, Mr Timothy was jointly principal adviser to Theresa May. He wrote the following:

‘According to ministers, the choice Parliament will face is to leave on the terms negotiated by the government, or leave with no deal. And they are right: the European treaties assert that the withdrawal process can last no longer than two years…’

This is not the case. Mr Timothy seems to have overlooked a key provision laid out in Article 50 of the relevant treaty (my italics):

‘3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.’

It seemed worrying that this provision, which is highly inconvenient to his argument, had escaped Mr Timothy’s notice.

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