Theresa May faces nailbiting Commons votes on flagship Brexit Bill

David Davis today warned Remain rebels are trying to reverse Brexit by forcing a ‘meaningful vote’ amendment into crucial laws on quitting the EU.

The Brexit Secretary demanded MPs strip a Lords amendment from the flagship legislation as a showdown in Parliament finally began this afternoon.

Mr Davis warned nothing should be done to tie the Government’s hands in its negotiations with Brussels or to re-write the UK constitution in a bid to stall Brexit.

But Mr Davis stopped just short of ruling out accepting an amendment from rebel ringleader Dominic Grieve – insisting he had not properly read the new draft.

A series of crucial votes will begin in the Commons at 4.15pm. 

David Davis (pictured in the Commons today) warned Remain rebels are trying to reverse Brexit by forcing a ‘meaningful vote’ amendment into crucial laws on quitting the EU

The Brexit Secretary (pictured addressing MPs today) demanded the Commons strip a Lords amendment from the flagship legislation as a showdown in Parliament finally began this afternoon

The Brexit Secretary (pictured addressing MPs today) demanded the Commons strip a Lords amendment from the flagship legislation as a showdown in Parliament finally began this afternoon

But Mr Davis stopped just short of ruling out accepting an amendment from rebel ringleader Dominic Grieve (pictured in the Commons today) - insisting he had not properly read the new draft

But Mr Davis stopped just short of ruling out accepting an amendment from rebel ringleader Dominic Grieve (pictured in the Commons today) – insisting he had not properly read the new draft

Opening today’s debate, the Brexit Secretary insisted it was ‘not practical, not desirable and not appropriate’ for Parliament to dictate the terms of Brexit talks instead of ministers.

He said: ‘We must never do anything that undermines the Government’s negotiating position or encourages delay in the negotiation.

‘We can’t change fundamental constitutional structures that makes the Government responsible for international relations and international treaties.

‘We must under all circumstances respect the result of the referendum. That is what this House has voted on with Article 50.’ 

Threats of abuse has stopped at least one MP rebelling, Soubry says

Threats of abuse will result in at least one MP not voting with their conscience on key Brexit legislation for fear of reprisals, a former minister has said.

Conservative Anna Soubry, who is a Remainer and has herself been a target of abuse, raised concerns ahead of the European Union (Withdrawal) Bill returning to the Commons.

Speaker John Bercow said no MP should be under threat, adding he expected the two-day debate to consider amendments made by peers and others to take place in an atmosphere of ‘mutual respect’.

Commons Leader Andrea Leadsom said any threats of violence and intimidation were ‘utterly unacceptable’, adding: ‘The Government will absolutely uphold the right of every member to do as they believe is the right thing to do.’ 

Mr Grieve, who has tabled an amendment for a meaningful vote in a bid to force concessions from ministers, insisted the Government had to move or face defeat. 

He told Mr Davis: ‘The Government has not made provision for no deal.

‘One of the key issues for me is whether we can make make some progress on having a proper structure to address no deal.

‘I don’t think this Bill can finish its course and get Royal Assent until we have that.’ 

In his main speech later, Mr Grieve added: ‘I really am worried, the irrationality of the debate we are having on details of Brexit is truly chilling.’ 

Father of the House Ken Clarke, one of the leading Tory rebels, insisted Mr Grieve’s amendment was a ‘perfectly serious proposition’ and urged the Government to accept it. 

He accused the Government whips of an ‘intolerant response’ to rebel demands and condemned pressure heaped upon Mr Grieve. 

But grandee Sir Edward Leigh swung behind the Government.

He warned potential rebels they would be inflicting a ‘catastrophic blow’ on the Government and insisted Mr Grieve’s plan was the ‘ultimate wrecking amendment’ that sought to ‘wreck the will of the people’. 

grandee Sir Edward Leigh swung behind the Government and warned potential rebels they would be inflicting a 'catastrophic blow' on the Government

grandee Sir Edward Leigh swung behind the Government and warned potential rebels they would be inflicting a ‘catastrophic blow’ on the Government

For Labour, shadow Brexit minister Matthew Pennycook paid tribute to the House of Lords for their ‘diligent and considered manner in which they so thoroughly scrutinised the Bill before us’. 

Ahead of today’s debate, Justice minister Phillip Lee dramatically quit today in protest at Mrs May’s approach – saying he could not ‘look my children in the eye’ and stay in his job.

The resignation is a massive blow for Mrs May, who this morning gathered her Cabinet in No10 ahead of the Commons showdown.

The Lords had insisted that Parliament be put in charge of negotiations if MPs did not accept the terms sealed with the EU, effectively undermining Mrs May’s position.

Father of the House Ken Clarke (pictured in today's debate), one of the leading Tory rebels, insisted Mr Grieve's amendment was a 'perfectly serious proposition' and urged the Government to accept it

Father of the House Ken Clarke (pictured in today’s debate), one of the leading Tory rebels, insisted Mr Grieve’s amendment was a ‘perfectly serious proposition’ and urged the Government to accept it

A series of crucial votes will begin in the Commons at 4.15pm

A series of crucial votes will begin in the Commons at 4.15pm

Downing Street insisted today that it would not accept a compromise tabled by Mr Grieve, which would force the government to come up with a new strategy in the event of the Brexit deal being rejected, and put that to MPs again for approval.

Mr Davis this morning stepped up warnings that Britain’s negotiating leverage would be seriously damaged if key amendments were not overturned.

Theresa May (pictured in Downing Street today) is battling to protect her flagship Brexit legislation from rebels

Theresa May (pictured in Downing Street today) is battling to protect her flagship Brexit legislation from rebels

He dismissed the idea that a ‘meaningful vote’ could reverse the 2016 referendum result. 

‘A meaningful vote is not the ability to reverse the decision of the referendum,’ he said. 

‘We will put in front of Parliament the decision for them to vote… after that there will be a process of primary legislation to put the actual details of it in Parliament so Parliament will actually decide on the application of the detail.’ 

Asked what would happen if they voted against the deal, he said: ‘If they throw it out well they throw it out.’ 

He told BBC Radio 4’s Today programme that claims he had threatened to quit last week over the customs backstop were ‘just nonsense’ and ‘scurrilous allegations’. 

Conservative rebels, Labour, the SNP and the Lib Dems hailed the resignation of Dr Lee.

But a Downing Street source tried to play down the impact, saying: ‘We will get a good Brexit deal that works for everybody in the UK. The Government’s amendment today provides for a meaningful vote.’

Eurosceptics complained that Dr Lee was actually defying his own constituents – who voted 53-47 per cent to Leave in the referendum. 

Last night Mrs May delivered a direct warning to backbench Tory MPs that any defeats would encourage Brussels to turn the screw.

Boris Johnson was all smiles as he arrived for the weekly Cabinet

Brexit Secretary David Davis was at the Cabinet meeting today

The resignation came as ministers including Boris Johnson (left) and David Davis gathered for a Cabinet meeting in Downing Street 

Environment Secretary Michael Gove was among those attending the meeting of Mrs May's senior team today 

Environment Secretary Michael Gove was among those attending the meeting of Mrs May’s senior team today 

Arch Remainer Nicky Morgan is backing a customs union amendment in a peace deal attracting 'widespread support' among MPs - including Brexiteers.

Ministers are confident the last-ditch compromise deal, being drawn up by Tory MP and Mrs May's ex policy adviser Oliver Letwin (pictured) will peel enough rebels away.

Remainer Nicky Morgan (pictured left) is backing a customs union compromise amendment which was negotiated by former minister Oliver Letwin (pictured right)

Last night former education secretary Nicky Morgan, a leading Remainer, indicated she would support Mrs May in tomorrow’s vote on an amendment designed to keep Britain in a customs union with the EU. 

Mrs Morgan said she would back a compromise plan – with the words ‘customs union’ being replaced with ‘customs arrangements’ – adding that it would help ‘buy time’ for the Prime Minister ahead of a crunch Brussels summit at the end of this month. The fudge was put together by another former minister, Oliver Letwin.  Asked whether the deal was ‘kicking the can down the road, Mr Letwin said: ‘That is a very sensible thing to do.’

The big moments will come this afternoon – when MPs debate calls for Parliament to be given a so-called meaningful vote on the final Brexit deal – and tomorrow, when they debate the customs union.

What are the 15 Brexit wrecking amendments passed by peers

Here are the 15 Brexit Bill defeats inflicted by peers:

  1. Forces minsters to try to seek a customs union with the EU
  2. Keeps EU law relating to employment, consumer and environmental protections
  3. Keeps the EU Charter of Fundamental Rights
  4. Removes right of ministers to challenge EU law kept by the UK
  5.  Allows Britons to bring legal cases when their rights, enshrined in EU law, are flouted
  6. Limits the scope of the Government’s so-called Henry VII powers 
  7. Gives Parliament a meaningful vote at the end of talks
  8. Gives parliament a veto on the Government’s negotiating position 
  9.  Ministers must report on what they are doing to ensure refugee families reunited within Europe
  10. Ministers must abide by 1998 Good Friday Agreement
  11. Reaffirms that the UK can keep EU laws and stay in EU agencies
  12. Gives parliament a veto on the exit day
  13. Ministers must try to keep the UK in the EEA and therefore the EU single market
  14. Extends how EU laws will be trawled through by Parliament 
  15. Enshrines EU environmental protections

Tory whips are particularly anxious about the so-called ‘meaningful vote’ amendment, with rumours that concessions last week could be pushed further.

The outcome could rest on the position of a handful of Brexit-supporting Labour MPs.

Passing the amendment would mean a major shift away from the UK’s existing constitutional settlement – which gives the executive powers to negotiate treaties. 

Mr Grieve told the BBC’s Newsnight last night that he would be tabling a compromise proposal.

‘I hope very much the government will look at that, because I think it provides a solution which would satisfy everybody,’ he said. 

‘If it’s not accepted, I will have to consider very carefully tomorrow — I might well vote against the government. I’ve made that quite clear.’

Addressing the 1922 Committee of backbench MPs last night, Mrs May said: ‘We must think about the message Parliament will send to the European Union this week. I am trying to negotiate the best deal for Britain.

‘I am confident I can get a deal that allows us to strike our own trade deals while having a border with the EU which is as frictionless as possible. But if the Lords amendments are allowed to stand, that negotiating position will be undermined.’

Mrs May is keen to send a clear message to Brussels and the Lords by showing she can deliver on her Brexit legislation. Ministers have accepted one minor Lords amendment and will seek to amend or overturn a further 14 in the coming 48 hours. 

Former Chancellor Ken Clarke said he would back the measure, adding: ‘Without our involvement, the Government will face the same situation it faced last week, when the final agreement comes round, because the Brexiters will give threats and briefings against any deal unless they’re satisfied with it. 

‘They will have a veto, and Parliament will have no effective control.’

Party whips were last night understood to be close to a deal with Tory Remainers designed to avert defeat tomorrow on the amendment designed to keep Britain in the customs union. 

Mrs May could yet accept a compromise tabled by former Cabinet minister Dominic Grieve (pictured), which would force the government to come up with a new strategy in the event of the Brexit deal being rejected, and put that to MPs again for approval

Mrs May could yet accept a compromise tabled by former Cabinet minister Dominic Grieve (pictured), which would force the government to come up with a new strategy in the event of the Brexit deal being rejected, and put that to MPs again for approval

It would require ministers to report back to Parliament on the efforts they had made to keep Britain in a customs union with Brussels.

Solicitor General Robert Buckland predicted the Tory rebellion would fizzle out. ‘We will hang together or we’ll all hang separately,’ he said.

But Mr Clarke said Donald Trump’s approach to trade made it vital to stick close to the customs union and single market. ‘We are going to need it more in the future than in the past,’ he said.

However, others plan to keep their powder dry until next month when they will use the Trade Bill to push for membership of a customs union with the EU.

Meanwhile, Jeremy Corbyn is trying to contain a Labour rebellion over membership of the single market. Dozens of his MPs are expected to defy his order to abstain on an amendment that would keep the UK in the European Economic Area.

What are the key amendments being voted on by the Commons? 

MEANINGFUL VOTE:

Remainers have been fighting to ensure that they are not left with a choice between accepting whatever package the government thrashes out with the EU, or crashing out without any deal.

The government has already committed that there will be a vote on the terms reached with Brussels.

But the amendment passed by the Lords would effectively give parliament power to dictate subsequent talks if it rejects the deal.

That would be a major break from the existing constitutional position – which gives the executive control over negotiating treaties.

Tory MP Dominic Grieve has put forward a compromise amendment that would force ministers to come up with a new plan, and then put that before parliament for approval.

However, government sources have insisted they will not accept the plan.

CUSTOMS UNION: 

The Lords amendment orders ministers to ‘outline’ to parliament how they will negotiate to ‘continue participating in a customs union’ after Brexit.

The idea is that it would force Mrs May to change approach and keep the UK lashed to the bloc – although the effect would be largely political is unclear as it would not be binding.

Ministers appear to have delayed a confrontation with Tory rebels by tabling a compromise amendment that would commit the government to seeking a customs ‘arrangement’.

EUROPEAN ECONOMIC AREA:

The Lords inserted this demand for the UK to stay in the EU single market against the wishes of both the Tory and Labour front benches. 

It spells out that the government should be seeking a Norway-style deal with the EU – potentially meaning free movement would stay in place. 

This amendment has no chance of surviving in the Commons. However, Jeremy Corbyn is facing a major rebellion by his MPs, dozens of whom have called for EEA membership to be retained after Brexit. 

BREXIT DATE:

The government has specified the date of Brexit as March 29, 2019 – as laid down by the Article 50 process.

But Remainers would like to see the date taken out of the Bill to make it easier to extend negotiations if a deal is not reached.

Tory rebels are not focused on this change and it would not be mission critical for the government, but ministers are expecting to avoid defeat.

 

 



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