Part of a series of articles on
Brexit
Withdrawal of the United Kingdom from the European Union Glossary of terms
Background European Communities Act 1975 EC membership referendum UK rebate Bruges speech No. No. No. Maastricht Rebels Black Wednesday European Union (Amendment) Act 2008 European Union Act 2011 UK opt-outs from EU legislation Euroscepticism in the UK UK opinion polling on EU membership Campaigns for a referendum People's Pledge Labour for a Referendum Bloomberg speech In or Out 2013–14 EU (Referendum) Bill (unsuccessful) 2014 European Parliament election 2014 UK Parliament by-elections Clacton Heywood and Middleton Rochester and Strood 2015 UK general election 2015–16 EU membership renegotiation
2016 EU referendum EU Referendum Act (Gibraltar) EU Referendum (Date of Referendum etc.) Regulations EU Referendum (Conduct) Regulations Issues Endorsements Opinion polling UK Government pro-EU leaflet Campaigns Leave campaigns Vote Leave (official) Business for Britain Conservatives for Britain BeLeave Leave.EU Bpoplive The Freedom Association Better Off Out Grassroots Out Labour Leave Get Britain Out Bruges Group Campaign for an Independent Britain Brexit: The Movie Remain campaigns Britain Stronger in Europe (official) Labour In for Britain European Movement UK Britain in Europe British Influence Business for New Europe Nucleus Project Fear Outcome Results Causes for result International reactions Immediate aftermath 2016 Conservative Party election 2016 Labour Party election 2016 UKIP election Department for Exiting the EU Department for International Trade Allegations of unlawful campaigning Alleged Russian interference
Notice of withdrawal Article 50 process Miller case (Article 50) EU (Notification of Withdrawal) Act 2017 Brexit plan Repeal Bill plan 2017 UK general election
Negotiations Negotiation positions EU negotiation mandate Chequers agreement Timeline: 2017, 2018, 2019 2019 European Parliament election 2019 UK general election
Withdrawal agreement Brexit divorce bill Fish for finance Irish backstop No-deal Brexit Northern Ireland Protocol Northern Ireland Protocol Bill Windsor Framework
Legislation Withdrawal Act 2018 (Gibraltar) Nuclear Safeguards Act 2018 Cooper–Letwin Act Benn Act 2019 suspension of rebel Conservative MPs Public Vote Bill (not passed) Terms of Withdrawal Bills (not passed) Scottish EU Continuity Bill (blocked) Withdrawal Agreement Act (Gibraltar) Scottish EU Continuity Act Internal Market Act EU (Future Relationship) Act Retained EU Law (Revocation and Reform) Bill
Impact Impact on the Irish border Good Friday Agreement Impact on the EU Economic effects Effects on Gibraltar Scientific cooperation Retained EU law 2021 Jersey dispute
EU–UK relations Relations pre- and post-Brexit EU–UK trade negotiation EU–UK Trade and Cooperation Agreement (TCA) Partnership Council Partnership Assembly Relations with EU member states Austria Belgium Bulgaria Croatia Cyprus Akrotiri and Dhekelia Czech Republic Denmark Estonia France Germany Greece Hungary Ireland Ireland–UK border British–Irish Council North/South Ministerial Council Italy Lithuania Malta Netherlands Poland Portugal Romania Slovakia Spain Status of Gibraltar Gibraltar–Spain border Sweden Conjectured EEA membership
Opposition Post-referendum opinion polling New initiatives Change Britain More United Open Britain The New European Unite to Remain Led By Donkeys Revoke Article 50 petition Postcards from the 48% Proposed second Scottish independence referendum Calls for a second referendum People's Vote Britain for Europe European Movement UK For our Future's Sake Healthier IN the EU InFacts Open Britain Our Future Our Choice Scientists for EU Other organisations Best for Britain Bollocks to Brexit Change UK Liberal Democrats Right to Vote
Timeline Bloomberg speech Jan 2013 Referendum Bill blocked Jan 2014 European Parliament election May 2014 2015 general election May 2015 Renegotiation begins Jun 2015 Referendum Act passed Dec 2015 Renegotiation concluded Feb 2016 Referendum held Jun 2016 David Cameron resigns as PM Jul 2016 Theresa May becomes PM Jul 2016 Article 50 judgement Jan 2017 Brexit plan presented Feb 2017 Notification Act passed Mar 2017 Article 50 invoked Mar 2017 Repeal Bill plan presented Mar 2017 2017 general election Jun 2017 Brexit negotiations begin Jun 2017 Withdrawal Act passed Jun 2018 Chequers plan presented Jul 2018 Withdrawal agreement plan presented July 2018 Withdrawal agreement released Nov 2018 Scottish Continuity Bill blocked Dec 2018 Meaningful votes Jan–Mar 2019 Brexit delayed until 12 April Mar 2019 Cooper–Letwin Act passed Apr 2019 Brexit delayed until 31 October Apr 2019 European Parliament election May 2019 Theresa May resigns as PM Jul 2019 Boris Johnson becomes PM Jul 2019 Prorogation and annulment Aug–Sep 2019 Benn Act passed Sep 2019 Withdrawal agreement revised Oct 2019 Brexit delayed until 31 January Oct 2019 2019 general election Dec 2019 Agreement Act passed Jan 2020 UK leaves the European Union Jan 2020 Implementation period begins Jan 2020 UK–EU trade deal agreed Dec 2020 Future Relationship Act passed Dec 2020 Scottish Continuity Act passed Dec 2020 Implementation period ends Dec 2020 New EU–UK relationship begins Jan 2021 UK–EU trade deal ratified Apr 2021 Windsor Framework released Feb 2023 Windsor framework adopted Mar 2023
EU portal UK portal
v t e

Part of a series of articles on
UK membership of the European Union (1973–2020)
Accession Treaty of Accession 1972 1972 EC Act 1973 enlargement of the EC
1975 referendum Referendum Act (results)
Treaty amendments Single European Act, 1986 (UK ratification) Maastricht Treaty, 1992 (UK ratification) Treaty of Amsterdam, 1997 (UK ratification) Treaty of Nice, 2001 (UK ratification) Treaty of Lisbon, 2007 (UK ratification) Related: 2011 UK Act on new EU Treaty amendments EU-related British Acts Proposed European Constitution referendum European Union Bill 2004–2005
MEPs for UK constituencies Members 1973–1979 (elected by parliament) Members 1979–1984 (1979 election) Members 1984–1989 (1984 election) Members 1989–1994 (1989 election) Members 1994–1999 (1994 election) Members 1999–2004 (1999 election) Members 2004–2009 (2004 election) Members 2009–2014 (2009 election) Members 2014–2019 (2014 election) Members 2019–2020 (2019 election) Women
Officials and bodies House of Lords EU Committee House of Commons EU Committee Permanent EU Representatives for UK Northern Ireland Executive in Brussels EU Representative in London UK European Commissioners Department for Exiting the European Union
Issues and events Economy The Euro Black Wednesday UK budget rebate Nationality law Euroscepticism in the UK United Kingdom opt-outs from EU legislation Maastricht Rebels Balance of Competences Review
Withdrawal 2015 UK general election 2015–2016 membership renegotiation 2016 EU membership referendum Vote Leave Britain Stronger in Europe Notification of withdrawal 2017 UK general election Brexit negotiations Impact of Brexit Future relationship Withdrawal agreement No-deal Brexit Impact on Irish border Northern Ireland Protocol Parliamentary votes Proposed second referendum 2019 UK general election
EU portal UK portal
v t e

Parliamentary votes on Brexit, sometimes referred to as "meaningful votes", were the parliamentary votes under the terms of Section 13 of the United Kingdom's European Union (Withdrawal) Act 2018, which requires the government of the United Kingdom to bring forward an amendable parliamentary motion at the end of the Article 50 negotiations between the government and the European Union in order to ratify the Brexit withdrawal agreement.^[1][2]

The wording of the clause^{[note 1]} was strongly contested by both the House of Commons and the House of Lords, with the Lords proposing an amendment to the bill giving further powers to parliament. When the bill returned to the Commons the Conservative government offered concessions and the Lords' proposed amendment was defeated. The bill was then passed into law on 26 June 2018.^[3]

By the end of March 2019, the government had not won any of the meaningful votes. This led to a series of non-binding "indicative votes" on potential options for Brexit, and the delay of the departure date until after the 2019 general election.

History

Background

Following the UK's decision to leave the European Union, the result of an advisory referendum on 23 June 2016, the UK government invoked Article 50 of the Treaty on the European Union. The UK was thus due to leave the EU at 11 pm on 29 March 2019 UTC.^[4]

Gina Miller, a British businesswoman, took the government to court to challenge its authority to invoke Article 50 without reference to Parliament. On 3 November 2016, the High Court of Justice ruled in favour of Miller in the case R (Miller) v Secretary of State for Exiting the European Union.^[5][6]

In January 2017 the Conservative Prime Minister Theresa May announced, "I can confirm today that the Government will put the final deal that is agreed between the UK and the EU to a vote in both Houses of Parliament, before it comes into force."^[7][8] As a result, on 13 July 2017, David Davis, the Secretary of State for Exiting the European Union, introduced the bill in the Commons, including the following clause 9 statement:

9  Implementing the withdrawal agreement

(1)  A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purposes of implementing the withdrawal agreement if the Minister considers that such provision should be in force on or before exit day.^[9]

As a government bill, this first reading was pro forma, with the first debate taking place on the second reading.^[10]

On 18 April 2017 Theresa May announced a snap general election for 8 June 2017,^[11] with the aim of strengthening her hand in Brexit negotiations.^[12] This resulted in a hung parliament, in which the number of Conservative seats fell from 330 to 317, despite the party winning its highest vote share since 1983, prompting her to broker a confidence and supply deal with the Democratic Unionist Party (DUP) to support a minority government.

In July 2017 David Jones, Minister of State for Exiting the European Union, told the Commons he expected the parliamentary vote on the Brexit deal with the EU to happen "before the European Parliament debates and votes on the final agreement." Asked to clarify what would happen if MPs and members of the House of Lords decide they don't like the deal, Jones said "the vote will be either to accept the deal. Or there will be no deal."^[13] At an Exiting the European Union Select Committee meeting in October, Labour MP Seema Malhotra asked Davis, "The vote of our parliament, the UK parliament, could be after March 2019?",^{[note 2]} to which Davis replied, "Yes, it could be."^[14] This drew criticism from Labour opposition MPs and some Conservative MPs.^[15][16]

Alteration of Clause 9

In December 2017 pressure grew on the government to amend clause 9 so that parliament would have approval of the final terms of the withdrawal deal between the UK and the EU prior to 29 March 2019, the date set for the UK's departure from the EU. Conservative MP Dominic Grieve advised the government to amend the clause themselves or he would table his own amendment to the bill.^[17] Grieve duly tabled his amendment to the bill (Amendment 7) requiring any Brexit deal to be enacted by statute, rather than implemented by government order.^[18]

Clause 9 was then introduced to the house as follows (Grieve's additions, amendment 7, in italics):

9  Implementing the withdrawal agreement

(1)  A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purposes of implementing the withdrawal agreement if the Minister considers that such provision should be in force on or before exit day, subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the European Union.

(2)  Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).

(3)  But regulations under this section may not—

(a)  impose or increase taxation,

(b)  make retrospective provision,

(c)  create a relevant criminal offence, or

(d)  amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it.

(4)  No regulations may be made under this section after exit day.^[19]

At the weekend prior to the Commons vote on the amendment, the leaders of the all-party parliamentary group on EU relations signed a statement saying, "Members of all parties have already provided valuable scrutiny to the EU (Withdrawal) bill, and we have forced the government into some concessions. But little of that will matter unless we can have a truly meaningful vote on the withdrawal agreement the government negotiates with the European Union."^[20][21]

On the morning of 13 December 2017 Davis issued a written statement saying, "In the UK, the Government has committed to hold a vote on the final deal in Parliament as soon as possible after the negotiations have concluded. This vote will take the form of a resolution in both Houses of Parliament and will cover both the Withdrawal Agreement and the terms for our future relationship."^[22]

External videos
RT UK news report
MPs pass amendment giving them 'meaningful' vote on Brexit deal via RT UK on YouTube[23]

Later that day, at Prime Minister's Questions, the Conservative MP Anna Soubry requested that May accept Grieve's amendment, "The Prime Minister says that she wants a meaningful vote on Brexit before we leave the European Union. Even at this last moment, will she be so good as to accept my right hon. and learned Friend’s amendment 7, in the spirit of unity for everybody here and in the country?"^[24] May rejected the idea, saying "We were very clear that we will not commence any statutory instruments until that meaningful vote has taken place, but as currently drafted what the amendment says is that we should not put any of those arrangements and statutory instruments into place until the withdrawal agreement and implementation Bill has reached the statute book. That could be at a very late stage in the proceedings, which could mean we are not able to have the orderly and smooth exit from the European Union that we wish to have."^[25]

That evening, Grieve's amendment was passed by 309 votes to 305 votes – a majority of 4,^[18][26] representing a defeat for the government.^[27][28] Twelve Conservative MPs voted against the government: Grieve, Soubry, Heidi Allen, Kenneth Clarke, Jonathan Djanogly, Stephen Hammond, Oliver Heald, Nicky Morgan, Bob Neill, Antoinette Sandbach, John Stevenson and Sarah Wollaston.^[26] A month earlier, all but Stevenson were pictured along with fellow Conservative MPs Vicky Ford, Jeremy Lefroy, Paul Masterton and Tom Tugendhat on the front page of the Daily Telegraph describing them as "The Brexit Mutineers".^[29]

House of Lords Report Stage

At the House of Lords Report Stage in April 2018, Viscount Hailsham^[30] introduced a new clause as follows:

Before Clause 9, insert the following new Clause—

n  Parliamentary approval of the outcome of negotiations with the European Union

(1)  Without prejudice to any other statutory provision relating to the withdrawal agreement, Her Majesty’s Government may conclude such an agreement only if a draft has been—

(a)  approved by a resolution of the House of Commons, and

(b)  subject to the consideration of a motion in the House of Lords.

(2)  So far as practicable, a Minister of the Crown must make arrangements for the resolution provided for in subsection (1)(a) to be debated and voted on before the European Parliament has debated and voted on the draft withdrawal agreement.

(3)  Her Majesty’s Government may implement a withdrawal agreement only if Parliament has approved the withdrawal agreement and any transitional measures agreed within or alongside it by an Act of Parliament.

(4)  Subsection (5) applies in each case that any of the conditions in subsections (6) to (8) is met.

(5)  Her Majesty’s Government must follow any direction in relation to the negotiations under Article 50(2) of the Treaty on European Union which has been—

(a)  approved by a resolution of the House of Commons, and

(b)  subject to the consideration of a motion in the House of Lords.

(6)  The condition in this subsection is that the House of Commons has not approved the resolution required under subsection (1)(a) by 30 November 2018.

(7)  The condition in this subsection is that the Act of Parliament required under subsection (3) has not received Royal Assent by 31 January 2019.

(8)  The condition in this subsection is that no withdrawal agreement has been reached between the United Kingdom and the European Union by 28 February 2019.

(9)  In this section, "withdrawal agreement" means an agreement (whether or not ratified) between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU and the framework for the United Kingdom’s future relationship with the European Union."^[31]

The amendment with the new clause was passed by Lords by 335 to 244 – a majority of 91, which represented a further defeat for the government.^[32][33] The new wording would have given MPs the power to stop the UK from leaving the EU without a deal, or to make Theresa May return to negotiations.^[34]

Commons consideration of the Lords amendment

The government rejected the proposal by the Lords that would give the Commons the power to decide the next steps for the government if the withdrawal agreement were to be rejected by parliament.^[35]

Labour MP Keir Starmer urged Conservative MPs who want Britain to remain in the EU to vote with Labour in favour of the Lords amendment when the bill returned to the Commons,^[36][37] and former Labour Prime Minister Gordon Brown suggested that May could be replaced by a new Tory Prime Minister if she lost the vote.^[38] The prominent Tory remainer Amber Rudd urged her party's MPs to back the government in the vote.^[36]

The process of parliamentary ping-pong then took place between 12 and 20 June 2018.^[39][40]

Alternative amendment by Dominic Grieve

The night before the bill was due back before the Commons, 11 June 2018, Dominic Grieve tabled a last-minute alternative amendment. The Lords amendment would prevent a 'no deal' scenario, and MPs and Lords could tell May to go back to the negotiating table and get something better, for example. Grieve's amendment also tackled the 'no deal' scenario but it set dates for May to come back to parliament and set out the government's intentions in the event of a 'no deal', and gain parliamentary approval for those plans.^[41]

Grieve's amendment:

(5A)  Within seven days of a statement under subsection (4) being laid, a Minister of the Crown must move a motion in the House of Commons to seek approval of the Government’s approach.

(5B)  In the event of no political agreement having been reached on a withdrawal agreement by the end of 30 November 2018, a Minister of the Crown must move a motion in the House of Commons setting out how the Government intends to proceed and seeking the approval of the House for that course of action.

(5C)  If no political agreement has been reached on a withdrawal agreement by the end of 15 February 2019, the Government must bring the matter before both Houses of Parliament within five days and must follow any direction in relation to the negotiations under Article 50(2) of the Treaty of European Union which has been—

(a)  approved by a resolution of the House of Commons, and

(b)  the subject of a motion which has either been debated in the House of Lords, or upon which the House of Lords has not concluded a debate on the motion before the end of the period of five sitting days beginning with the first sitting day after the day on which the House of Commons passes the resolution mentioned in paragraph (a).^[42]

Commons rejection of Grieve's amendment

On the morning of the vote, 12 June 2018, the government rejected the alternative amendment by Grieve. This set the scene for disagreement during the Commons debate about whether or not parliament should have a say in the event of the UK leaving the EU without a deal.^[41][43] The morning also saw Phillip Lee's surprise resignation as a junior Tory minister saying, "If, in the future, I am to look my children in the eye and honestly say that I did my best for them I cannot, in all good conscience, support how our country’s current exit from the EU looks set to be delivered."^[44]

As the debate went on, the government gave assurances to potential Tory rebels that they would address their concerns in a new amendment for the Lords to consider. The concession offered by ministers was believed to include offering a new parliamentary motion if the Brexit deal was voted down by MPs and peers,^[3] which would open the door to MPs taking control of the negotiations if ministers failed to strike a deal in Brussels.^[45] The concession meant that the government won 324 votes to 298, a majority of 26.^[3][46]

Aftermath of the Commons rejection of Grieve's amendment

On the BBC's Newsnight, Grieve said that May must honour "assurances" she's given that Parliament will get a bigger say on any final Brexit deal.^[47][48] There was disagreement among Tories over what had been agreed, with Anna Soubry MP saying that, "the PM said yesterday that clause c of Dominic Grieve's amendment would be discussed as part of the new amendment to be tabled in the Lords",^[49] and Stephen Hammond MP writing, "Parliament must be able to have its say in a 'no deal' situation and we made this point very strongly today to the Government. The Government has conceded this point and I expect to see a new amendment to cover this situation soon."^[50]

A spokesperson for Downing Street claimed that the prime minister had agreed only to ongoing discussions, and Davis's Brexit department issued a statement which read: "We have not, and will not, agree to the House of Commons binding the Government’s hands in the negotiations."^[49] Tory MP Andrew Bridgen accused Tory remainers supportive of Grieve's amendment to the Brexit bill of deliberatively attempting to stop the UK leaving the EU completely.^[51]

Speaking the day after the vote, in the Commons at Prime Minister's Questions, May said, "We have seen concerns raised about the role of Parliament in relation to the Brexit process. What I agreed yesterday is that, as the Bill goes back to the Lords, we will have further discussions with colleagues over those concerns. This morning, I have agreed with the Brexit Secretary that we will bring forward an amendment in the Lords, and there are a number of things that will guide our approach in doing so... As my right hon. friend the Brexit Secretary made clear in the House yesterday, the Government’s hand in the negotiations cannot be tied by Parliament, but the Government must be accountable to Parliament. Government determines policy, and we then need parliamentary support to be able to implement that policy."^[52] Commenting, the BBC's Laura Kuenssberg said "The risk is that appears as double dealing."^[53]

Government's proposed amendment

On the evening of 14 June 2018 the government published its compromise amendment:

(5A)  A Minister of the Crown must make arrangements for -

(a)  a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in subsection (4), to be moved in that House by a Minister of the Crown within the period of 7 Commons sitting days beginning with the day on which the statement is made, and

(b)  a motion for the House of Lords to take note of the statement to be moved in that House by a Minister of the Crown within the period of 7 Lords sitting days beginning with the day on which the statement is made.

(5B)  Subsection (5C) applies if the Prime Minister makes a statement before the end of 21 January 2019 that no agreement can be 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 EU, and

(b)  the framework for the future relationship between the EU and the United Kingdom after withdrawal.

(5C)  A Minister of the Crown must, within a period of 14 days beginning with the day on which the statement mentioned in subsection (5B) is made -

(a)  make a statement setting out how Her Majesty's Government proposes to proceed, and

(b)  make arrangements for -

(i)  a motion in neutral terms, to the effect that the House of Commons has considered the statement mentioned in paragraph (a), to be moved in that House by a Minister of the Crown within a period of 7 Commons sitting days beginning with the day on which the statement mentioned in paragraph (a) is made, and

(ii)  a motion for the House of Lords to take note of the statement mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of 7 Lords sitting days beginning with the day on which the statement mentioned in paragraph (a) is made.^[54]

As of 15 June 2018^[update], rebel Tory MPs were reportedly still unhappy with the amendment as it only allows the Commons "a motion in neutral terms" (5C)(b)(i). Grieve had originally wanted the amendment to say that the government must seek the approval of Parliament for its course of action, and that ministers must be directed by MPs and peers.^[55][56]

Re-tabling of Grieve’s amendment

On the evening of 14 June 2018 Viscount Hailsham, who proposed the original amendment on the meaningful vote, re-tabled Grieve's amendment under his own name in the Lords in full.^[30][57] Speaking on the Sunday Politics programme, ahead of the amendment returning to the Lords, Grieve said, "The alternative is that we've all got to sign up to a slavery clause now saying, 'Whatever the government does when it comes to January, however potentially catastrophic it might be for my constituents and my country, I'm signing in blood now that I will follow over the edge of the cliff', and that, I can tell you, I am not prepared to do." Speaking on the same programme, the Solicitor General, Conservative MP Robert Buckland, replied, "If you were Michel Barnier and you were looking into the negotiation and looking into the future, it gives him a bit of a trump card to play when he knows that whatever the UK government might be saying to him now, he knows that at the end of it there's a third-party in this relationship, namely parliament, who are going to get involved and trump whatever the UK government say. Now that's not a good place for David Davis to be in. David Davis needs to be able to go out there and have a firm negotiating hand..."^[58]

On 18 June Lord Hailsham's amendment was passed by the Lords, a defeat for the government by 354 votes to 235: a majority of 119.^[59][60]

When the bill returned to the Commons on 20 June the government offered further concessions. The concessions meant that the government won by 319 votes to 303: a majority of 16.^[61][62]

Grieve said afterwards: "We’ve managed to reach a compromise without breaking the government – and I think some people don't realise we were getting quite close to that. I completely respect the view of my colleagues who disagree, but if we can compromise we can achieve more."^[62]

Full text