‘Time to think about the 5 million in limbo’: UK parliament votes to delay Brexit

Lawmakers in London voted to delay Brexit on Thursday evening by a majority of 210 to mark the end of three days of fraught debates and votes in which PM Theresa May's deal was firmly rejected as was a no-deal Brexit.

'Time to think about the 5 million in limbo': UK parliament votes to delay Brexit
How long left? Photo: Shebeko/Depositphotos

A majority of Members of Parliament (MPs) in the UK's lower house voted to delay Brexit on Thursday and seek an extension to Article 50 from the EU.

The motion to seek an extension to Article 50 was approved by a majority of 210 MPs. It calls for Theresa May to seek an extension until June 30th 2019 if a deal is approved before March 20th. But the motion also acknowledges that a longer extension may need to be justified if the UK parliament cannot agree on the deal before the EU Council summit on March 21st. 

The lower house also voted on several amendments. Theresa May survived an attempt for MPs to set the schedule for future debates and talks on Brexit, and wrestle control of the process from her hands, by a majority of only two (312 ayes, 314 noes).

An amendment to hold a second referendum was also defeated by a much wider majority of 229.

Some Labour MPs wrote an open letter arguing why they were abstaining even though they support a second referendum “because it isn't the right time.” They hope to be able to achieve a second referendum via other means in parliament. 

While amendments are not legally binding, they offer a barometer of sentiment among MPs. The fact that 332 voted against a second referendum would constitute a majority even if Labour had voted, suggesting more than half of parliamentarians are not in favour of giving the British public a final say on Brexit. 

Desires are nourished by delays?

Senior EU figures have expressed differing positions on granting an extension to Article 50, the clause in the Lisbon Treaty which envisages a two-year window for member states leaving the bloc to agree a framework for future cooperation with the Union. 

Donald Tusk, president of the EU Council – the political body where ministers from the EU meet to agree policy – suggested he was open to granting the UK an extension.

But opposing views in the EU to delaying Brexit were made evident in a tweet by Guy Verhofstadt, the Brexit coordinator at the EU parliament, in which the Belgian MEP appeared to disagree with Tusk.

“Unless there is a clear majority in the House of Commons for something precise, there is no reason at all for the European Council to agree on a prolongation,” tweeted Verhofstadt.

EU Commission President Jean-Claude Juncker has made clear he wants Brexit out of the way before European parliamentary elections in late May.

“I would like to stress that the United Kingdom's withdrawal should be complete before the European elections that will take place between 23-26 May,” wrote Juncker in a letter to EU Council President Tusk on March 11th. 

EU Brexit fatigue

The issue of an extension has also sewn divisions among member states, fracturing the united front the EU27 is keen to maintain. French President Emmanuel Macron said the Withdrawal Agreement could not be renegotiated but showed lukewarm signs that he was open to an extension.

Many EU leaders see an extension as justified only if the UK can present a viable plan as to how it will use the time to dig itself out of the Brexit quagmire.

“If the British need more time, we will examine a request for an extension — if it is justified by new choices on the part of the British,” said President Macron. 

READ ALSO: Macron says Brexit withdrawal deal not 'negotiable'

Dutch Prime Minister Mark Rutte echoed Macron's thoughts. 

Chief EU Negotiator Michel Barnier isn't keen on an extension and feels his, and the EU's work, has been done. 

“Prolong this negotiation, to do what?” Barnier asked MEPs at the European Parliament’s plenary session in Strasbourg on the morning of Wednesday March 13th. “The negotiation on article 50 is over. We have a treaty. It is here,” he added. 

German Chancellor Angela Merkel, like EU Commission President Juncker, has previously suggested a 55 day extension to Article 50 until the beginning of EU parliamentary elections would be “very easy.” Any extension beyond May 22nd would mean the UK would have to hold EU parliamentary elections, Juncker has stated. 

The final countdown

With the next EU Council summit a week away – March 21-22 – Theresa May  and her negotiators now have a week to try and convince her European counterparts to grant an extension and avoid a cliff-edge no-deal exit on March 29th.

The EU's apparent reluctance to unanimously agree to an extension may just be posturing. Brexit has dragged on for nearly three years, yet as a former senior EU Commission official recently told told The Local “twenty four hours is a long time in Brexit politics.” 

Rights advocacy group British in Europe, formed in 2016 to defend the rights of UK nationals in the EU caught on the front lines of Brexit, repeated its call for the rights of 3.6 million EU nationals in the UK and 1.2 million UK nationals in the EU to be ring-fenced. 

READ MORE: 'We choose France': Dordogne Brits still in Brexit limbo as clock ticks down

For members


Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Brexit really does mean that Britons are no longer EU citizens. Claudia Delpero looks at whether there's any other way they can keep their rights.

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Britons lost EU citizenship when the UK left the EU, on 1st February 2020. 

It is the first time the EU’s top court has rules on the matter, after a number of legal cases challenged this specific Brexit outcome. The decision also sets a precedent should other countries decide to leave the bloc in the future. 

What has the EU Court decided?

The Court of Justice decided on a case brought by a British woman living in France.

Before Brexit, she could vote and stand as a candidate in her town of residence, Thoux. But after the UK withdrawal from the EU, she was removed from the electoral roll and excluded from the municipal elections that took place in March 2020, during the transition period.  

As the mayor refused her appeal to restore the registration, she took the case to the regional court in Auch, which agreed to request an interpretation of the rules to the EU top court. 

Julien Fouchet, the barrister supporting her and several other cases on the EU citizenship of British nationals, argued that the loss of EU citizenship and voting rights was disproportionate. It would also be contrary to the EU Charter of Fundamental Rights, given that the woman also lost her voting rights in the UK, having lived abroad for more than 15 years.

Alice Bouillez, who has lived in France since 1984 and is married to a French national, could have applied for French citizenship, but did not do so because she said “this was not necessary” before Brexit and, as a former UK official, she had taken an oath of allegiance to the Queen.

On Thursday the Court of Justice announced the decision about her case. The court ruled that the “possession of the nationality of a member state is an essential condition for a person to be able to acquire and retain the status of citizen of the Union and to benefit fully from the rights attaching to that status.”

The court therefore confirmed that British nationals automatically lost their EU citizenship as a result of Brexit and, as a consequence, Britons also lost their voting and electoral rights in municipal elections in the EU (unless the country where they live set different rules). 

What is EU citizenship?

EU citizenship was introduced by the Treaty of Maastricht of 1992, when borders were opening and the bloc was integrating economically after the end of the Cold War. 

Under the treaty, every person holding the nationality of an EU member state is a citizen of the Union. EU citizenship is additional and does not replace nationality, the treaty specifies. But this creates the first form of a transnational citizenship that grants rights across borders.

EU citizens have the right to access each other’s territory, job market and services under the principle of non-discrimination. If they are economically active, they have the right to reside in other EU states and be joined by family members, access healthcare at the same conditions of nationals (for emergency treatment also when travelling temporarily), obtain social security benefits and see their professional qualifications recognised.

Beyond free movement, at the core of EU citizenship there are also political rights, such as participating in the European Parliament election, voting and standing as candidates in municipal elections when living in other EU countries, receiving consular protection from other EU states outside the EU, and taking part in European Citizens’ Initiatives asking to the EU to legislate on certain matters. 

Which EU citizenship rights have Britons lost with Brexit? 

For British citizens who were living in the EU before Brexit, the Withdrawal Agreement protects some of these rights. Britons covered by deal have their residence, access to work and education, healthcare, social security and qualifications secured, but only in the country where they were living before Brexit.

But the right to free movement in other EU states, consular protection in third countries, and the political rights attached to EU citizenship were lost, the Court confirmed. 

For British citizens in the UK, the trade and cooperation agreement has preserved some social security rights and, in theory, the possibility to have professional qualifications recognized when moving to an EU country. These provisions however lack details and may take a long time before they work in practice. 

As the “European Union” no longer features on British passports, the possibility to access EU lanes at airports to skip passport control queues has also vanished. 

“The loss of those treasured rights has been clear to those of us living in the EU from the early days of Brexit. But for Brits in the UK, the realities of life outside the EU, and the consequences of Brexit, are only just dawning. Long queues at the borders, roaming charges, obstacles to working abroad, etc. are the new reality,” said Sue Wilson, Chair of the group Remain in Spain. 

While she said the court’s decision was “no real surprise,” she argued that “this is not the Brexit the public were promised, or that the majority voted for.”

Can British citizens get some of these rights back?

Julien Fouchet was disappointed at the Court decision and promised to continue the legal fight, bringing the case at the European Court of Human Rights (which is not an EU institution). 

Other two cases on the matter of EU citizenship for British nationals are still pending at the Court of Justice of the EU. One of them aims to determine whether EU citizenship is a “fundamental status” that cannot be removed but Thursday’s decision could have already provided the answer.

Another option to reconsider some of the rights is the renegotiation of EU-UK trade agreement, when it will be reviewed in 2025. 

Meanwhile, the EU is revising the rules for non-EU citizens living in EU countries on a long-term basis, making it easier to move across borders. 

Applying for citizenship is so far the only option to regain voting rights, although not all EU countries allow dual nationality. 

Sue Wilson, who has long campaigned for the UK to stay in the EU, said: “There is only one way to restore the loss of our rights, and that’s to rejoin the single market, rejoin the customs union, and eventually, rejoin the European Union… Until that day, we will continue to be second class citizens whose rights have been diminished for the sake of an ideology.”