Skip to main content

Insight article

November 1, 2017

Brexit Deal: One man’s view

We are sleepwalking into Brexit chaos. Unless a second referendum is held as soon as possible we could be facing a triple whammy of no deal, a general election, and a late realisation that a second referendum is required, all at the same time in early 2019.

David Davis and his colleagues are deluding themselves and deceiving the country when they pretend that they can negotiate a Brexit deal that will be rubber-stamped by Parliament. The important point that we must all understand is that the approval of Parliament, as enshrined in an Act of Parliament, will be necessary to change the law of the land to incorporate ‘the deal’ because any deal necessarily involves changing the law (see the Gina Miller case).

While many in the UK may not appreciate this, one can be certain that EU officials understand it and it is likely to shape a twin EU objective of only agreeing on a deal which is expensive for the UK and which acts as a deterrent to other member countries – with an overarching objective of inducing the UK to reconsider its leave decision.

In some 15 months’ time, to avoid the political humiliation of not having been able to negotiate a deal, the government will put the best deal that is on offer to the House of Commons. It is reasonable to believe it will be unpalatable.

The Labour Party and other ‘remain’ MPs are unlikely to endorse a bad deal. The Government will need to call an election (which it is likely to lose) or hold a late second referendum or both. The country will be in a mess as the clock ticks down to March 2019, when, absent an agreement to postpone the leaving date, it will leave without a deal and with little or inadequate preparation.

To avoid a chaotic outcome a new Government is likely to agree with the EU on an extension of the leaving date to allow for a second referendum. All the Labour Party has to do to win an election is to offer the country a second referendum – it will have wide support.

Remainers may view such an outcome as an acceptable one. But if a ‘stay’ referendum result is delivered towards the end of 2019, the UK will have suffered political and economic turmoil for nearly four years.

This can be avoided or shortened The Government should accept that it needs the House of Commons on its side and is unlikely to get an acceptable deal without a second referendum. The question or box-ticking exercise can be simple such as ticking one of the following:

Should the UK stay in the EU?
Should the UK leave even if it cannot get an acceptable EU deal?

If the majority tick the second box then the EU, the House of Commons and the country at large will understand the strength of the electoral will and we are more likely to get a sensible deal from the EU. Consider how much stronger the negotiating hand of David Davis et al will be. The Government should organise a second referendum immediately.

And if the majority tick the first box we can all get on with our lives without Brexit.

For more information on Brexit and one man’s views, speak to John Gillette.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Supporting neurodiverse people in family law matters
    Understanding neurodiversity in the legal context.


    Read more
  • Supreme court ruling on referees’ employment status
    In PGMOL v HMRC, the Supreme Court considered whether professional referees were self-employed. The case has the potential for far-reaching implications across the employment world.


    Read more
  • Business First Magazine
    Read our expert insights on key workplace and corporate issues.


    Read more
  • Why is clear contract drafting important?
    How simple contract clauses can protect your business.


    Read more
  • Ensuring equality: A legal guide to responsibilities and compliance
    Understanding equal opportunities in the workplace


    Read more

What they say...

  • Henry, April 2025
    “We have purchased flats before with 2 different solicitors who were unable to help us this time. Martin came highly recommended and are we glad. He was very professional in every way: knowledgeable, approachable, he has a friendly manner, very

  • Megan Purcell-Jones, April 2025
    “Charlotte was extremely diligent and thorough. She talked us through the process of making our wills and listened to and understood our needs and the complexities involved. Extremely patient and very clear.”

  • Hena, April 2025
    “Great experience, Patrick was very clear and gave time to explain the legal processes. Friendly and professional communication made me feel comfortable asking questions, received great legal advice.”

  • Michael Constable, April 2025
    “I wanted to revise my will and appoint RIAA Barker Gillette as my Executor and Trustees. This was handled very efficiently and professionally. It helped that I had agreed a fixed fee in advance.” Review left for: Herman Cheung

  • Anon, April 2025
    “Whistleblowing dismissal claim and settlement negotiations I can not speak highly enough of this firm and [Patrick Simpson], they were not only understanding of my case needs they also worked with the up most integrity and professionalism to e

Read more
Send this to a friend