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Brexit: Article 50 has been triggered - what now? Brexit: Article 50 has been triggered - what now?
(about 1 hour later)
Britain is officially on its way out of the European Union after 44 years as a member after invoking a part of European law known as Article 50 on Wednesday.Britain is officially on its way out of the European Union after 44 years as a member after invoking a part of European law known as Article 50 on Wednesday.
What exactly happened?What exactly happened?
Nine months after the UK voted to get out of the European Union in a referendum, Prime Minister Theresa May activated the official mechanism that will make that a reality - Article 50 of the Lisbon Treaty. Nine months after the UK voted to get out of the European Union in a referendum, Prime Minister Theresa May activated the official mechanism that will make it a reality - Article 50 of the Lisbon Treaty.
On Tuesday night, she signed a letter triggering the process, which was handed over to the European Council's president Donald Tusk at around 12:20 BST.On Tuesday night, she signed a letter triggering the process, which was handed over to the European Council's president Donald Tusk at around 12:20 BST.
This was followed by a statement from Mrs May to the House of Commons, where she said now was "the moment for the country to come together".This was followed by a statement from Mrs May to the House of Commons, where she said now was "the moment for the country to come together".
What happens next?What happens next?
Talks will get under way with EU officials. But the real hard work will not start until May or June when negotiations with other EU countries are expected to start. These talks are expected to end in Autumn next year - and then MPs at Westminster, the European Council in Brussels, and the European Parliament will each get a vote on any deal that has been agreed. Talks will get under way with EU officials. But the real hard work will not start until May or June when negotiations with other EU countries are expected to start. These talks are expected to end in autumn next year - and then MPs at Westminster, the European Council in Brussels, and the European Parliament will each get a vote on any deal that has been agreed.
So when does the UK actually leave?So when does the UK actually leave?
The time-frame allowed in Article 50 is two years - and this can only be extended by unanimous agreement from all EU countries.The time-frame allowed in Article 50 is two years - and this can only be extended by unanimous agreement from all EU countries.
If no agreement is reached in two years, and no extension is agreed, the UK automatically leaves the EU and all existing agreements - including access to the single market - would cease to apply to the UK.If no agreement is reached in two years, and no extension is agreed, the UK automatically leaves the EU and all existing agreements - including access to the single market - would cease to apply to the UK.
Can it still be reversed?
No country has ever left the EU and Article 50 does not explicitly say whether the process can be halted. The man who wrote Article 50, veteran British diplomat Lord Kerr, has said it is not irreversible, telling the BBC in November 2016 "you can change your mind while the process is going on". But he added he did not think any politician in Britain would allow such a U-turn.
The UK government has said it believes Article 50, once triggered, is "irrevocable" and it will go ahead as planned.
In her speech to the House of Commons on Wednesday, Mrs May also called the triggering of Article 50 "an historic moment from which there can be no turning back".
Ultimately, the question could come before the European Court of Justice.
What is Article 50?What is Article 50?
Article 50 is a plan for any country that wishes to exit the EU. It was created as part of the Treaty of Lisbon - an agreement signed up to by all EU states which became law in 2009. Before that treaty, there was no formal mechanism for a country to leave the EU. Article 50 is the plan for any country that wishes to exit the EU. It was created as part of the Treaty of Lisbon - an agreement signed up to by all EU states which became law in 2009. Before that treaty, there was no formal mechanism for a country to leave the EU.
What does it say?
It's pretty short - just five paragraphs - which spell out that any EU member state may decide to quit the EU, that it must notify the European Council and negotiate its withdrawal with the EU, that there are two years to reach an agreement - unless everyone agrees to extend it - and that the exiting state cannot take part in EU internal discussions about its departure.It's pretty short - just five paragraphs - which spell out that any EU member state may decide to quit the EU, that it must notify the European Council and negotiate its withdrawal with the EU, that there are two years to reach an agreement - unless everyone agrees to extend it - and that the exiting state cannot take part in EU internal discussions about its departure.
It says any exit deal must be approved by a "qualified majority" (72% of the remaining 27 EU states, representing 65% of the population) but must also get the backing of MEPs. The fifth paragraph raises the possibility of a state wanting to rejoin the EU having left it - that will be considered under Article 49. Any exit deal must be approved by a "qualified majority" (72% of the remaining 27 EU states, representing 65% of the population) but must also get the backing of MEPs. The fifth paragraph raises the possibility of a state wanting to rejoin the EU having left it - that will be considered under Article 49.
Lord Kerr has said he thought it would be most likely used in the event of a coup in a member state and had never imagined it being used for Brexit. The full text can be found here. The full text can be found here.
Can it be reversed?
No country has ever left the EU and Article 50 does not explicitly say whether the process can be halted. The UK government has been unable to make any definitive legal statements on the issue.
However, in her speech to the House of Commons on Wednesday, Theresa May said "there can be no turning back" and in the recent UK Supreme Court case on Article 50, both sides assumed it was irrevocable.
But the European Council President Donald Tusk as said he believes Article 50 can be reversed.
On his side is veteran British diplomat Lord Kerr, who wrote Article 50. He told the BBC in November 2016 "you can change your mind while the process is going on". But he added he did not think any politician in Britain would allow such a U-turn.
Reality Check: Can the UK change its mind on Article 50?
Why was there such a long wait to trigger it?Why was there such a long wait to trigger it?
May announced in October last year that she would formally notify the European Council by the end of March, arguing that she did not want to rush into the withdrawal process before UK objectives had been agreed.May announced in October last year that she would formally notify the European Council by the end of March, arguing that she did not want to rush into the withdrawal process before UK objectives had been agreed.
What will negotiations cover?What will negotiations cover?
Although not entirely clear, the letter to Mr Tusk outlines the UK's seven negotiating principles. It reads: The letter to Mr Tusk outlines the UK's seven negotiating principles. It reads:
The UK has said a trade deal should be part of negotiations - EU representatives have suggested the withdrawal agreement and a trade deal should be handled separately.The UK has said a trade deal should be part of negotiations - EU representatives have suggested the withdrawal agreement and a trade deal should be handled separately.
The principles also hint at the "early agreement" sought by Mrs May to guarantee the rights of EU citizens living in the UK and those of British nationals living abroad.
Other issues which are likely to be discussed are things like cross-border security arrangements, the European Arrest Warrant, moving EU agencies which have their headquarters in the UK and the UK's contribution to pensions of EU civil servants - part of a wider "divorce bill" which some reports have suggested could run to £50bn.Other issues which are likely to be discussed are things like cross-border security arrangements, the European Arrest Warrant, moving EU agencies which have their headquarters in the UK and the UK's contribution to pensions of EU civil servants - part of a wider "divorce bill" which some reports have suggested could run to £50bn.
Before the UK's 2016 referendum, the government published a report on the process for withdrawing from the European Union in which it suggested numerous areas that could be covered in talks. These included: The government published a report before the UK's 2016 referendum on the process for withdrawing from the European Union, suggesting other areas which could be debated. Read them here.
A European Commission spokesperson has told the BBC that it does not comment or speculate on the specific areas that will be covered in the negotiations, which will only start after Article 50 is triggered.
Who is doing the negotiating?Who is doing the negotiating?
The European Commission - the EU's civil service - has created a task force headed by Michel Barnier, who will be in charge of conducting the negotiations with the UK.The European Commission - the EU's civil service - has created a task force headed by Michel Barnier, who will be in charge of conducting the negotiations with the UK.
On the UK side, the overall responsibility for Brexit negotiations resides with the prime minister, who is supported by the Department for Exiting the European Union led by David Davis. Here is a pen portrait of the key players.On the UK side, the overall responsibility for Brexit negotiations resides with the prime minister, who is supported by the Department for Exiting the European Union led by David Davis. Here is a pen portrait of the key players.
What if no deal is reached after two years?What if no deal is reached after two years?
In this case, it is assumed UK trade relations with the EU would be governed by World Trade Organisation rules.In this case, it is assumed UK trade relations with the EU would be governed by World Trade Organisation rules.
But can a new post-Brexit trade deal be done within the same two year time frame? Ministers have publicly insisted it can - but others believe it could take a decade.
Former cabinet secretary Sir Gus O'Donnell predicted it would take "at least five years" and Remain-backing former Labour minister and European commissioner Lord Mandelson predicted that "between five and 10 years" was the most likely timescale.
Some ministers have suggested there could be a transitional period once the UK leaves the EU, to avoid a "cliff edge" and phase-in new arrangements.Some ministers have suggested there could be a transitional period once the UK leaves the EU, to avoid a "cliff edge" and phase-in new arrangements.
Here is an analysis of the different 'no deal' scenarios.Here is an analysis of the different 'no deal' scenarios.
Will Parliament have a say?Will Parliament have a say?
While Article 50 states that any deal will need the "consent of the European Parliament" - it doesn't say anything about whether the parliament of the departing state should have a say too. This prompted some criticism from UK MPs that MEPs would be better informed than those in the UK's own Parliament. While Article 50 says any deal will need the "consent of the European Parliament", it doesn't say anything about the parliament of the departing state.
After initially appearing to resist calls for Parliament to vote on the final deal, the prime minister said in January that both the Commons and Lords would get one. The UK Parliament will also scrutinise the government's work on Brexit through parliamentary debates, select committee work, and votes on proposed legislation. However, after appearing to resist calls at first, the prime minister said in January both the Commons and Lords would get a vote on the final deal. The UK Parliament will also scrutinise the government's work on Brexit through parliamentary debates, select committee work, and votes on proposed legislation.
In its White Paper on Brexit, the government said that parliament would have "a critical role" and that "ministers will continue to provide regular updates to Parliament and the government will continue to ensure that there is ample opportunity for both Houses to debate the key issues arising from EU exit". Read more on parliament's role here.
A bid by peers to make Parliament's vote "meaningful" - they had wanted the vote to come early enough in the process for it to make Theresa May go back to the EU negotiating table - was seen off by MPs. So the vote will effectively be a take it or leave it one on the final deal - and if MPs reject it the UK will probably leave the EU with no deal at all. Will the UK still play a full part in the EU during Brexit negotiations?
Will the UK still play full part in EU during Brexit negotiations? The UK will remain a member of the EU during negotiations, but it has given up its rotating presidency of the European Council - which was scheduled for the second half of 2017 - to concentrate on Brexit.
It will remain a member of the EU, will still be in the single market and subject to all the EU laws and rules, including the freedom of movement. But the UK has given up its rotating presidency of the European Council - which was scheduled for the second half of 2017 - to concentrate on Brexit negotiations.
Legally, there is nothing to prevent the UK from taking part in adopting EU acts that are unrelated to Brexit during the negotiation period. However, the UK cannot participate in the decisions taken by the council concerning Brexit negotiations.
Can the UK negotiate trade deals with other countries now?Can the UK negotiate trade deals with other countries now?
No, while the UK is still part of the European Union, it cannot independently negotiate any international trade agreements with non-EU countries, without violating EU treaties. But there could still be some general discussions about trade. No. While the UK is still part of the European Union, it cannot independently negotiate any international trade agreements with non-EU countries, without violating EU treaties.
International Trade Secretary Liam Fox has said that "while we remain inside the European Union, we are bound by its rules not to negotiate any new trade agreement", but the UK would still be able "to discuss the impediments that we might wish to eliminate ahead of agreements that we might reach with other countries when we leave". But there could still be some general discussions about trade and possible partners are sure to take interest in the negotiations.
However, potential trading partners will be likely want to know the exact terms of Britain's withdrawal from the EU and the European single market. Listen to what International Trade Secretary Liam Fox thinks about the trading future of the UK post-Brexit here.
As one US trade representative put it: "As a practical matter, it is not possible to meaningfully advance separate trade and investment negotiations with the UK until some of the basic issues around the future EU-UK relationship have been worked out."