UK Government Must Revoke Article 50 Notice By 11pm On 29 March

The UK Parliament has recently rejected both the UK's proposed withdrawal agreement with the EU and any potential 'no deal' scenario (which some refer to as 'trading on WTO terms'). Today, the government is asking Parliament to vote on whether it wishes the government to seek an 'extension' of the expiry date of the UK's "Article 50 notice" to withdraw from the EU, from 29 March to 30 June, which would require the unanimous consent of all other EU member states. This is both illogical and unnecessary.

The European Court of Justice has already ruled, however, that the UK can freely withdraw its Article 50 notice at any time before midnight UK time (11pm in Brussels) on 29 March, without needing any consent from the EU member states, and without preventing it from giving another notice at a later date.

An extension of the current Article 50 notice period is also pointless, since the EU will not negotiate the current 'deal' any further and Parliament will not allow a no deal situation. Relying on an extension to Article 50, which the EU has to agree to, is also surrendering the UK's sovereignty and control over the terms of any departure to the EU. Revoking Article 50 is soley within the UK's control and allows it to determine the timing of any second notice it might wish to give in due course.

Therefore, the only way for the government to deliver on Parliament’s “instructions” (a term that Theresa May likes to uses to refer to the non-binding EU referendum, so must accept when referring to ‘non-binding’ Parliamentary votes) in rejecting her 'deal' and ‘no deal’ is to revoke the Article 50 notice.

The Prime Minister complains that Parliament only states what it does not want, rather than what it wants. Yet she repeatedly presents Parliament with the same choice between her 'deal' and 'no deal' when it has rejected both, and now wants an extension to do that again. She cannot have it both ways. There must be no extension and the Article 50 notice must be withdrawn. 

Another government can always try to muster support for Brexit at a later date, as the ECJ has said is permissible.