A Guide to Brexit Terminology This glossary has been designed to explain some of the key terms used in relation to Brexit. At the end of the glossary are links to additional resources and originals of key documents. The Glossary is not designed to be an exhaustive list and the authors hope that you find the explanations of key terms helpful. The UK which voted to join the EU had a different constitution to the UK that voted to leave the EU. This is reflected by some of the terminology used in the glossary and the inclusion of reference to the legislatures in Scotland, Wales and Northern Ireland. A | B | C | D | E | F | G | H | I | J | K | L | M | N |O| P | Q | R | S | T | U | V | W | X | Y | Z | A to Z of Brexit terms February 01 2019 version pg. 1 Advisory The Brexit referendum is often described as ‘only advisory’. The referendum was authorised and conducted under the European Union Referendum Act 2015. It is advisory because Parliament is sovereign and because the Act contained no enabling legislation. Enabling provisions are ones which explicitly state that Parliament is legally bound to implement the outcome of the referendum. Hence, Parliament was not legally obliged to enact the outcome of the Brexit referendum. In contrast, for countries with codified constitutions, the outcome of a referendum ‘may’, in some instances bind both parliament and the government to implement its result. In Britain, however, with an uncodified constitution, it is possible for the government to promise in advance that it would respect the result, but that promise would be only political and not legally binding as parliament cannot be bound be a previous parliament; it can change its mind. An example of such a promise was the Scottish 2104 Scottish Independence Referendum during which David Cameron, the then Prime Minister, said that he believed that the referendum would be "'irreversible and binding". Dictionary definitions of advisory note that ‘advisory’ in effect means that advice can be given or a recommendation made. The advice giver has no power to implement their advice/ recommendation. A report may give advice, for example, on the route for a new bypass, or a public enquiry, for the example, the Leveson enquiry into press ethics, cultures and practices which recommended a new approach to regulation. Other examples of advisory notices include flood and severe weather warnings. In the context of Brexit the word advisory is relevant to the European Referendum Act 2015 (See entry below). Article 50 Article 50 forms part of one of the two ‘Lisbon Treaties’. Article 50 resides in the Treaty on European Union. By invoking or triggering Article 50 an EU member state formally and legally signals of its intention to leave the European Union. Article 50 regulates the negotiation procedure, timetables and spells out the disapplication of the Treaties on the leaving member state. The wording of Article 50 can be found at: https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A12012M050 A to Z of Brexit terms February 01 2019 version pg. 2 Backstop (in the withdrawal agreement between the UK and EU) The term backstop has been used in two Brexit contexts. First in relation to a protocol in the draft Withdrawal Agreement negotiated between the EU and the UK in 2018. Secondly, in relation to the default date for Brexit contained in Article 50 (3) of the Treaty on the European Union (see entries below). Backstop in the withdrawal agreement between the UK and EU. Currently, there are no border posts, physical barriers or checks on people or goods crossing the border between Northern Ireland and the Republic of Ireland. The backstop is a measure in a protocol to the Withdrawal Agreement, introduced largely by the UK negotiating team in order to resolve issues arising in the negotiation surrounding closing the border on the island of Ireland between the Republic of Ireland (which is remaining within the EU) and Norther Ireland (which is part of the UK). The backstop plan is outlined and contained in a protocol to the draft Withdrawal Agreement. Its aim is to avoid a “hard border” between Northern Ireland and the Republic of Ireland, should no agreement be reached post-Brexit on the future relationship between the EU and the UK that resolves the border issue. The border is the only land border the UK has with another sovereign EU member state. The Plan comes into effect only if the deal deciding the future relationship between the UK and EU is not agreed by the end of the transition period (31 December 2020), which contains measures to keep the border open. According to that draft Withdrawal Agreement a “hard border” is any physical infrastructure or related checks and controls on the border. The draft Withdrawal Agreement states that this was necessary in order to ensure compliance with and to protect rights contained in the agreements and Treaty between made in 1998 to reflect the Northern Ireland peace process – known as the Good Friday or Belfast Agreement and the British-Irish Agreement. Those agreements can only be changed with the consent of a majority of the people in Northern Island. Until the deal on the future relationship is done, the backstop would keep the UK effectively inside the EU's customs union but with Northern Ireland also conforming to some rules of the single market. Critics say a different status for Northern Ireland could threaten the existence of the United Kingdom and fear that the backstop could become permanent. If appropriate customs arrangements cannot be agreed by the EU and UK by the end of a transition period in December 2020, as envisaged by the draft Withdrawal Agreement, then the backstop would come into force (operation). However, if the Withdrawal Agreement is superseded by another and subsequent agreement addressing and solving the border issue the back stop, as set out in the Withdrawal Agreement ends. The UK has indicated an intention to replace the backstop solution on Northern Ireland by entering into a subsequent agreement that establishes alternative arrangements for ensuring the absence of a hard border on the island of Ireland on a permanent footing. A to Z of Brexit terms February 01 2019 version pg. 3 For the EU the backstop means that the EU rights of natural person (including the free movement for Union citizens and their family members, irrespective of their nationality, to, from and within Ireland will remain). It also means that Northern Ireland will stay in the EU single market for goods and the UK will remain a customs union with the EU until the UK comes up with solution to the border issue. The need of a backstop is acknowledged and bolstered by UK legislation. In the European Union (Withdrawal) Act 2018, section 10 (1) requires the UK Government to act in a way that is compatible with Good Friday agreement and Northern Ireland Act 1988. In particular, section 10 (3) indicates that nothing in the Act authorises the creation of: …. arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU. Backstop in Article 50 (3) of Treaty on the European Union The effect of Article 50 (3) TEU is that when the EU and the state leaving conclude a withdrawal agreement the leaving state leaves the EU on the date on which the agreement comes into force. However Article 50 (3) TEU also contains a backstop clause (or default position clause) which kicks in the event of no agreement being reached. That backstop is that if no agreement is reached the leaving state will leave the EU two years after the date it notified the EU of its intention to leave. Currently, in the absence of it ratifying the Withdrawal Agreement or both parties agreeing an extension to the two year backstop, the UK will leave (Brexit date) on 29 March 2019. That Brexit date has also been enshrined in section 20 (2) of the EU (Withdrawal) Act 2018 as 11 p.m. on 29 March 2019. Figure 1 Source: By The original uploader was Jonto at English Wikipedia. - Transferred from en.wikipedia to Commons by Kajasudhakarababu using CommonsHelper., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=4790785 Borders Borders are used to define the boundaries of sovereign states or international organisations such as the EU. The UK has only one land border with the EU, the 310 mile long border between Northern Ireland and the Republic of Ireland. Brexit has raised concerns that a hard border with controls and checks (and possibly barriers) would reappear. The backstop agreement is designed to prevent this (see Backstop). A to Z of Brexit terms February 01 2019 version pg. 4 Brexit The term which has been coined as a colloquialism with no legal meaning. It is shorthand to mean the UK leaving the EU. Drawn from the UK exiting from the EU: i.e. BR (British) exit. Brexit Negotiations Following the UK Prime Minister’s notification to the EU(by a letter dated 29 March 2017 from the UK Prime Minister to the President of the EU as required under Article 50 (2) TEU), notifying the EU that the UK intended to leave the EU the EU and the UK put together a team of negotiators. The EU was represented by a team established by the Council and the UK by civil servants from the Department for Exiting the EU, under the instructions of the Secretary of State for Exiting the EU.