Apparently we must invoke Article 50, leave and then negotiate trade terms. You could not make it up.
This is in part what seems to be wrong with the EU and once again riles the British people, well at least one.
Quite. And it's not even correct. Let's have a look at Article 50, which is mercifully short.
1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.
A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.
5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.
Paragraph 1 gives rise to the question of whether our "constitutional requirements" mandate that notice be approved by Parliament. The argument is that as paragraph 3 provides for automatic cessation of membership two years after notice is given, and that as there's no provision for cancelling notice once it is given, giving notice sets in motion the repeal of, among others, the European Communities Act 1972. Parliament can repeal any Act it has passed, so there's no difficulty there; but the Executive, invoking the Royal Prerogative, probably cannot.
Paragraphs 2 and 4 provide for negotiations on the provisions to replace membership and how they are to be conducted by the remaining states.
Paragraph 5 isn't relevant.
The important point is that nothing in Article 50 provides that negotiations must wait until we leave: quite the contrary. Cecilia Maelstrom is nothing more than yet another unelected EU official talking nonsense.
Jeremy
