This is a statement, for the purposes of Section 1 of the European Union (Withdrawal) Act (No. 2) 2019, that the United Kingdom has concluded an agreement with the European Union under Article 50(2) of the Treaty on European Union, and for the purposes of Section 13(1)(a) of the European Union (Withdrawal) Act 2018, that political agreement has been reached.
With regard to Section 13(1)(a) of the European Union (Withdrawal) Act 2018,1 am of the opinion that an agreement in principle has been reached in negotiations under Article 50(2) of the Treaty on European Union on the substance of:
a. the arrangements for the United Kingdom’s withdrawal from the European Union, and
b. the framework for the future relationship between the European Union and the United Kingdom after withdrawal.
A copy of the negotiated withdrawal agreement which, in my opinion, reflects the agreement in principle so far as relating to the arrangements for withdrawal, including provisions for the implementation period, has been laid before each House of Parliament on Saturday 19 October with the title “Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community”.
An additional document relating to the withdrawal agreement, which is a unilateral declaration by the United Kingdom, is also being laid alongside this statement with the title “Declaration by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol on Ireland/Northern Ireland”.[1]
A copy of the framework for the future relationship which, in my opinion, reflects the agreement in principle so far as relating to the framework for the future relationship between the EU and the United Kingdom has been laid before each House of Parliament on Saturday 19 October with the title “Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom”.
These documents have been laid before each House of Parliament ahead of the parliamentary debates required under Section 1 of the European Union (Withdrawal) Act (No. 2) 2019 and Section 13 of the European Union (Withdrawal) Act 2018.
At this stage, the withdrawal agreement represents a version of the text which has been agreed, but has not yet been formally signed. Before this formal signature takes place, the agreement must complete the European Union’s jurist-linguist translation process. During that time, minor technical corrections will be made to the text, though these changes will not affect the substance of the agreement. The laying of the withdrawal agreement before Parliament at this stage does not therefore trigger any procedures under the Constitutional Reform and Governance Act 2010.
In relation to the section 20 procedure for ratification under the Constitutional Reform and Governance Act 2010, the Government will make provision in the Withdrawal Agreement Bill to ensure that the withdrawal agreement can be ratified before exit day.
[1]The declaration was submitted by the United Kingdom Government to the European Union on 17 October with the title “Declaration of 17 October 2019 by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the operation of the 'Democratic consent in Northern Ireland’ provision of the Protocol on Ireland/Northern Ireland”.
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