政一B 邱科翰 (2-6)

姓名 : 邱科翰

班級 : 政一B

學號 : 07114248

[標題] Brexit: MPs reject May's EU withdrawal agreement

[內文] MPs have rejected Theresa May’s EU withdrawal agreement on the day the UK was due to leave the EU.

The government lost by 344 votes to 286, a margin of 58, and means the UK has missed an EU deadline to delay Brexit to 22 May and leave with a deal.

The prime minister said the UK would have to find "an alternative way forward", which was "almost certain" to involve holding European elections.

Labour's Jeremy Corbyn said "this deal now has to change" or the PM must quit.

Meanwhile, thousands of Leave supporters gathered outside Parliament to protest against the delay to Brexit, bringing traffic to a standstill.

Mrs May now has until 12 April to seek a longer extension to the negotiation process to avoid a no-deal Brexit on that date.

With a clear majority in the Commons against a no-deal Brexit, and with MPs holding more votes on alternative plans on Monday, Mrs May said that the UK would have to find "an alternative way forward".

The prime minister said that the outcome was "a matter of profound regret", adding that "I fear we are reaching the limits of this process in this House".

Downing Street said it was still not an "inevitability" that the UK would have to take part in elections to the European Parliament in May.

It is highly likely that at least for another couple of weeks, Theresa May will look through every nook and cranny in Parliament to see if there is a way for her deal to pass through - somehow.

But that's a decision taken in the bunker, and the walls are closing in.

There is little reason tonight to think that, in the end, the burning core of Euroscepticism in the Tory Party will ever accept her deal.

There are few signs that any more than a handful of Labour MPs are really going to take the plunge and ultimately walk through the same lobbies as Theresa May, and Boris Johnson and Iain Duncan Smith.

The prime minister concluded today that our political process is reaching its limits.

But maybe soon it will be her leadership, her deal, that has passed its limits.

A No 10 source indicated that the prime minister would continue to seek support in the Commons for her deal.

"Clearly it was not the result we wanted. But, that said, we have had a number of senior Conservative colleagues who have felt able to vote with the government today. They have done so in higher numbers than previously," the source said.

"Clearly there is more work to do. We are at least going in the right direction."

Downing Street said Mrs May would continue to talk to the Democratic Unionist Party about more reassurances over the Irish backstop, which it says risks splitting Northern Ireland from the rest of the United Kingdom.

But the DUP's leader at Westminster leader, Nigel Dodds, told the BBC's Newsnight political editor Nick Watt: "I would stay in the European Union and remain, rather than risk Northern Ireland's position. That's how strongly I feel about the Union."

Responding to the vote, European Council President Donald Tusk tweeted: "In view of the rejection of the Withdrawal Agreement by the House of Commons, I have decided to call a European Council on 10 April."

In a statement, the European Commission said the UK would have to "indicate a way forward" by 12 April "for consideration by the European Council".

"A 'no-deal' scenario on 12 April is now a likely scenario. The EU has been preparing for this since December 2017 and is now fully prepared for a 'no-deal' scenario at midnight on 12 April. The EU will remain united," the statement said.

"The benefits of the withdrawal agreement, including a transition period, will in no circumstances be replicated in a 'no-deal' scenario. Sectoral mini-deals are not an option."

Despite all the drama, the money and time spent by EU leaders on Brexit (summits, dedicated governmental departments, no-deal planning) and all the hard, hard graft put in by the EU and UK negotiating teams, Europe's leaders are asking themselves what there is to show for it all.

Ongoing Brexit divisions in Parliament, in government and in Theresa May's cabinet were on screaming technicolour display again last week.

EU leaders used to use the threat of a no-deal Brexit as a negotiating tactic (as did the UK). They now believe it to be a very real prospect.

That has led to a number of countries - notably France - questioning the logic of delaying Brexit for much longer.

They wonder if the UK will ever unite around a Brexit Way Forward - be it a softer Brexit, no deal or no Brexit.

Would a Brexit extension, allowing for a general election or a second referendum, really settle the issue, they ask?

What happens next?

• Monday, 1 April: MPs hold another set of votes on various Brexit options to see if they can agree on a way forward
• Wednesday, 3 April: Potentially another round of so-called "indicative votes"
• Wednesday, 10 April: Emergency summit of EU leaders to consider any UK request for further extension
• Friday, 12 April: Brexit day, if UK does not seek/EU does not grant further delay
• 23-26 May: European Parliamentary elections

Labour leader Jeremy Corbyn said: "The House has been clear, this deal now has to change.

"There has to be an alternative found. And if the prime minister can't accept that then she must go, not at an indeterminate date in the future but now.

"So that we can decide the future of this country through a general election."

Steve Baker, deputy chairman of the European Research Group of Brexiteer Conservatives, said it was time for Mrs May to quit.

"This must be the final defeat for Theresa May's deal. It's finished. And we must move on.

"It has not passed. It will not pass. I regret to say it is time for Theresa May to follow through on her words and make way so that a new leader can deliver a withdrawal agreement which will be passed by Parliament."

Mr Baker was one of 34 Conservative rebels to vote against the agreement, along with the Democratic Unionist Party and the Labour Party. Five Labour MPs voted for the agreement.

A number of high profile Tory Brexiteers, including Dominic Raab and Iain Duncan Smith, did vote for the agreement, but it was not enough to prevent another damaging defeat for Mrs May, who had offered to stand down to persuade her critics to back the deal.

This was not a third "meaningful vote" on the PM's EU deal, which also includes a political declaration on future relations between the UK and the EU, and which has previously been rejected by larger margins.

By holding a vote on the withdrawal agreement only, the government had hoped to secure a short delay to Brexit and avoid the UK taking part in May's European elections.

MPs are set to have another go at reaching a Brexit compromise in another series of votes on Monday and Wednesday next week.

If one of the options receives a majority, the government could use it as a basis for negotiating changes to the political declaration.

…

[相關憲法條文]

憲法第四十四條 : 總統對於院與院間之爭執，除本憲法有規定者外，得召集有關各院院長會

商解決之。

憲法第五十三條 : 行政院為國家最高行政機關。

憲法第六十三條 : 立法院有議決法律案、預算案、戒嚴案、大赦案、宣戰案、媾和案、條約

案及國家其他重要事項之權。

憲法第七十一條 : 立法院開會時，關係院院長及各部會首長得列席陳述意見。

憲法第一百零七條 : 左列事項，由中央立法並執行之：

一  外交。

二  國防與國防軍事。

三  國籍法及刑事、民事、商事之法律。

四  司法制度。

五  航空、國道、國有鐵路、航政、郵政及電政。

六  中央財政與國稅。

七  國稅與省稅、縣稅之劃分。

八  國營經濟事業。

九  幣制及國家銀行。

十  度量衡。

十一  國際貿易政策。

十二  涉外之財政經濟事項。

十三  其他依本憲法所定關於中央之事項。

憲法增修條文第二條 (節選) : 總統為避免國家或人民遭遇緊急危難或應付財政經濟上重大變故，得經行政院會議之決議發布緊急命令，為必要之處置，不受憲法第四十三條之限制。但須於發布命令後十日內提交立法院追認，如立法院不同意時，該緊急命令立即失效。

總統於立法院通過對行政院院長之不信任案後十日內，經諮詢立法院院長後，得宣告解散立法院。但總統於戒嚴或緊急命令生效期間，不得解散立法院。立法院解散後，應於六十日內舉行立法委員選舉，並於選舉結果確認後十日內自行集會，其任期重新起算。

憲法增修條文第三條 (節選) : 行政院依左列規定，對立法院負責，憲法第五十七條之規定，停止適用：

一、行政院有向立法院提出施政方針及施政報告之責。立法委員在開會時，有向行政院院長及行政院各部會首長質詢之權。

二、行政院對於立法院決議之法律案、預算案、條約案，如認為有窒礙難行時，得經總統之核可，於該決議案送達行政院十日內，移請立法院覆議。立法院對於行政院移請覆議案，應於送達十五日內作成決議。

如為休會期間，立法院應於七日內自行集會，並於開議十五日內作成決議。覆議案逾期未議決者，原決議失效。覆議時，如經全體立法委員二分之一以上決議維持原案，行政院院長應即接受該決議。

三、立法院得經全體立法委員三分之一以上連署，對行政院院長提出不信任案。不信任案提出七十二小時後，應於四十八小時內以記名投票表決之。如經全體立法委員二分之一以上贊成，行政院院長應於十日內提出辭職，並得同時呈請總統解散立法院；不信任案如未獲通過，一年內不得對同一行政院院長再提不信任案。

[相關法條]

Fixed-term Parliaments Act, 2011 (節選) : 2  Early parliamentary general elections 

An early parliamentary general election is to take place if— 

• (a)  the House of Commons passes a motion in the form set out in
  subsection (2), and 
• (b)  if the motion is passed on a division, the number of members who vote in favour of the motion is a number equal to or greater than two thirds of the number of seats in the House (including vacant seats). 

The form of motion for the purposes of subsection (1)(a) is— “That there shall be an early parliamentary general election.” 

3  Dissolution of Parliament 

The Parliament then in existence dissolves at the beginning of the 17th working day before the polling day for the next parliamentary general election as determined under section 1 or appointed under section 2(7). 

Parliament cannot otherwise be dissolved. 

The Cabinet Manual, Introduction (節選) : 

9. In the exercise of its legislative powers, Parliament is sovereign. In practice, however, Parliament has chosen to be constrained in various ways – through its Acts, and by elements of European and other international law. 

10. Parliament also scrutinises executive action. Indeed, the government of the day is primarily responsible to Parliament for its day-to-day actions. This function is exercised through a variety of mechanisms, such as the select committee system, Parliamentary questions, oral and written statements, debates in both Houses and the Parliamentary Commissioner for Administration. See Chapter Five for more on Parliament. 

12. Ministers’ powers derive from legislation passed by Parliament, the Royal Prerogative and common law. They are subject to an overarching duty to act in accordance with the law. The courts rule on whether ministerial action is carried out lawfully. See Chapters Three and Six for more on ministers and the Executive and the law. 

13. The roles of the Prime Minister and Cabinet are governed largely by convention. The Prime Minister is the Sovereign’s principal adviser, chairs Cabinet and has overall responsibility for the organisation of government. Cabinet is the ultimate arbiter of all government policy; decisions made at Cabinet and Cabinet committee level are binding on all members of the Government, save where collective agreement is expressly set aside, and any minister who cannot accept them is expected to resign. See Chapter Four for more on Cabinet and Cabinet committees. 

Chapter 5 (節選) : 5.5 Only the House of Commons can trigger an early general election by either passing a motion for an early general election,
with the support of at least two-thirds of all MPs, or where there has been a vote of no confidence in the Government and 14 days have elapsed without the House of Commons passing a motion of confidence in the Government. The form for such motions is set out in the Fixed-term Parliaments Act 2011.5 See Chapter Two for more on confidence. 

5.11  Scrutiny of the Executive is one of the core functions of Parliament.
5.12  Members of both Houses can table questions – for oral or written answer – to ministers. In response to these, ministers are obliged to explain and account for
the work, policy decisions and actions
of their departments.12

…

心得評論：Well, I have written similar things in the past, and I don’t feel like writing the same things again, so I HAVE to write about another country. And what better than Brexit ? Now that the House of Commons has rejected no deal, has rejected no Brexit, rejected all variations of the deal, and rejected the withdraw agreement alone, Britain’s future looks dim. Of course, MPs would be voting on MORE variations of the deal to try and figure out a way forward, and if one solution gains enough support, it is up to the Government to decide whether to implement it or not, which might need that solution to go up against the current withdraw agreement and emerge victorious. No deal is still the default legal position, and Parliament might vote for a complete renegotiation with the EU, which would in turn, lead Britain into European Parliament elections. And while unlikely, another referendum or an early general election is still a possible option (though the Government has stated it’s not considering these possibilities). The opposition could call a vote of no confidence, which when passed, would start a countdown that either leads to (1) a new government or (2) an early general election. Another option is to revoke Article 50, which would not require approval from the other 27 EU member states. 

It should be noted that any new “way forward” would still need unanimous approval from the EU. And if that approval wasn’t granted, the United kingdom would leave at 12 April. EU members, especially France, has rising doubts towards the House of Commons and may not agree a request for extension. Either way, all eyes are on the Commons in the upcoming week. 

In Taiwan, the Executive probably wouldn’t enjoy these privileges, as the Legislative can override a veto with a simple majority. The Executive cannot call an early general election unless a vote of no confidence is passed first. In some ways, the Legislative seemed to be more powerful here in Taiwan. The Government of the United Kingdom could choose whether or not it wishes to carry out the Parliament’s will (when it’s in the form of a “indicative vote”), while the Executive in Taiwan seemed to have little voice over the Legislative. In this sense, is Taiwan a parliament democracy ?