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Brexit: Government suffers second defeat in Lords Brexit: Government suffers second defeat in Lords
(about 2 hours later)
The government has suffered a second Brexit defeat in the House of Lords as peers backed, by 366 votes to 268, calls for a "meaningful" parliamentary vote on the final terms of withdrawal.The government has suffered a second Brexit defeat in the House of Lords as peers backed, by 366 votes to 268, calls for a "meaningful" parliamentary vote on the final terms of withdrawal.
Backing the move, former deputy PM Lord Heseltine said Parliament must be the "custodian of national sovereignty".Backing the move, former deputy PM Lord Heseltine said Parliament must be the "custodian of national sovereignty".
Ministers said it was disappointing and they would seek to overturn the move when the bill returns to the Commons.Ministers said it was disappointing and they would seek to overturn the move when the bill returns to the Commons.
The previous defeat was on the issue of guaranteeing the rights of EU citizens.The previous defeat was on the issue of guaranteeing the rights of EU citizens.
After a three-hour debate on Tuesday, for the second time in a week peers amended the legislation that will authorise Theresa May to notify the EU of the UK's intention to leave and pave the way for official Brexit talks to begin.After a three-hour debate on Tuesday, for the second time in a week peers amended the legislation that will authorise Theresa May to notify the EU of the UK's intention to leave and pave the way for official Brexit talks to begin.
The turnout in the Lords for the vote was the largest since 1831, according to Parliament's website.The turnout in the Lords for the vote was the largest since 1831, according to Parliament's website.
'Deal or no deal''Deal or no deal'
The amendment, which was carried by a majority of 98, would require the final terms of the UK's withdrawal from the EU to be put to separate votes in the Commons and the Lords.The amendment, which was carried by a majority of 98, would require the final terms of the UK's withdrawal from the EU to be put to separate votes in the Commons and the Lords.
Some peers believe this would amount to a veto but ministers insist the UK would leave the EU anyway irrespective of whether it was approved or not.Some peers believe this would amount to a veto but ministers insist the UK would leave the EU anyway irrespective of whether it was approved or not.
Among 13 Tory peers to defy the government and vote in favour of the amendment were veteran Europhile Lord Heseltine and former ministers Lord Deben and Viscount Hailsham.Among 13 Tory peers to defy the government and vote in favour of the amendment were veteran Europhile Lord Heseltine and former ministers Lord Deben and Viscount Hailsham.
The issue will now return to the Commons to be reconsidered by MPs, who have already rejected calls for the "meaningful vote" clause to be included in the legislation, saying verbal guarantees given by government on parliamentary scrutiny are sufficient.The issue will now return to the Commons to be reconsidered by MPs, who have already rejected calls for the "meaningful vote" clause to be included in the legislation, saying verbal guarantees given by government on parliamentary scrutiny are sufficient.
The BBC's political editor Laura Kuenssberg said ministers were adamant they wouldn't back down after the Lords defeat and it was genuinely hard to tell at this stage if MPs had the numbers in the Commons to defeat the government.
Speaking in favour of the amendment, QC and crossbench peer Lord Pannick said it would enable Parliament to exercise some "control" over the process of withdrawal and fulfil its duty to properly scrutinise.Speaking in favour of the amendment, QC and crossbench peer Lord Pannick said it would enable Parliament to exercise some "control" over the process of withdrawal and fulfil its duty to properly scrutinise.
"It must be for Parliament to decide whether to prefer no deal or the deal offered by the EU," he said."It must be for Parliament to decide whether to prefer no deal or the deal offered by the EU," he said.
"It will guarantee that the government must come back to both Houses and seek approval for the result of negotiations.""It will guarantee that the government must come back to both Houses and seek approval for the result of negotiations."
But government minister Lord Bridges said once Article 50 had been triggered, the process of leaving the EU was irrevocable and the amendment was totally unclear on what would happen if the UK and the EU were not able to agree a formal deal on the terms of exit.But government minister Lord Bridges said once Article 50 had been triggered, the process of leaving the EU was irrevocable and the amendment was totally unclear on what would happen if the UK and the EU were not able to agree a formal deal on the terms of exit.
"We will leave with a deal or we will leave without a deal. That is the choice on offer.""We will leave with a deal or we will leave without a deal. That is the choice on offer."
'Not in the dark''Not in the dark'
Parliament, he insisted, would not be left "in the dark" during the two-year process and would be able to shape future legislation on the incorporation of EU law and potential changes to immigration rules.Parliament, he insisted, would not be left "in the dark" during the two-year process and would be able to shape future legislation on the incorporation of EU law and potential changes to immigration rules.
He also argued the amendment would tie Mrs May's hands and make her task in getting a good deal "more difficult from day one".He also argued the amendment would tie Mrs May's hands and make her task in getting a good deal "more difficult from day one".
Reacting to the defeat, Brexit Secretary David Davis suggested peers were threatening the UK's aim of getting negotiations under way as soon as possible.Reacting to the defeat, Brexit Secretary David Davis suggested peers were threatening the UK's aim of getting negotiations under way as soon as possible.
"It is clear that some in the Lords would seek to frustrate that process, and it is the government's intention to ensure that does not happen," he said."It is clear that some in the Lords would seek to frustrate that process, and it is the government's intention to ensure that does not happen," he said.
"We will now aim to overturn these amendments in the House of Commons.""We will now aim to overturn these amendments in the House of Commons."
But Labour's Baroness Smith said that given the referendum campaign had been full of arguments about reasserting Parliamentary sovereignty, it was appropriate that Parliament should have the "final say" on the process.But Labour's Baroness Smith said that given the referendum campaign had been full of arguments about reasserting Parliamentary sovereignty, it was appropriate that Parliament should have the "final say" on the process.
And former Lib Dem leader Nick Clegg urged MPs to "find the nerve" and ensure the requirement for a Parliamentary vote remained in the bill.
Lib Dems defeatedLib Dems defeated
And former Lib Dem leader Nick Clegg urged MPs to "find the nerve" and ensure the requirement for a Parliamentary vote remained in the bill.
"I would urge MPs of all parties, including Brexiteers who campaigned to leave on the basis of parliamentary sovereignty, to stop Parliament being neutered."I would urge MPs of all parties, including Brexiteers who campaigned to leave on the basis of parliamentary sovereignty, to stop Parliament being neutered.
"Parliament has a long history of ratifying treaties. What is the government scared of? If they cannot bring back a deal they are prepared to put before MPs, then it cannot be a deal that is good enough for Britain.""Parliament has a long history of ratifying treaties. What is the government scared of? If they cannot bring back a deal they are prepared to put before MPs, then it cannot be a deal that is good enough for Britain."
Earlier, a Lib Dem amendment calling for a second referendum on the terms of exit was comfortably defeated by 336 votes to 131.Earlier, a Lib Dem amendment calling for a second referendum on the terms of exit was comfortably defeated by 336 votes to 131.
Without a commitment to a second vote, the Lib Dems say they will oppose the EU (Notification of Withdrawal) Bill at third reading later on Tuesday, although peers as a whole are likely to approve the bill and send it back to the Commons. Without a commitment to a second vote, the Lib Dems took the rate step of opposing the EU (Notification of Withdrawal) Bill at its third and final reading although peers overwhelmingly approved the bill and sent it back to the Commons.
Theresa May has said she wants to trigger Article 50 by the end of March but the Commons is unlikely to have an opportunity to consider the changes made by the Lords until the middle of next week as four days have been set aside for debate on the Budget.