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Brexit: Johnson urged to win over ERG by confirming no deal still possible – live news Brexit: Labour to back rebel Tory bid to force Johnson to demand extension – live news
(32 minutes later)
My colleague Heather Stewart says Labour is planning to back the Letwin amendment tomorrow. This sounds like a technicality, and it is not unexpected, but it may be the most important news of the day, and it could make a Brexit extension followed by an election more likely.
Understand Labour will support the Letwin amendment - which makes it likely to pass.Would force Johnson to request an extension tomorrow; and mean we won't get a clean, up-and-down vote on his deal.
Yesterday the government was defeated by 12 votes on a motion tabled by Sir Oliver Letwin, the former Tory cabinet minister, ensuring that, when the Commons votes on the Brexit deal tomorrow, it will be possible for MPs to debate and vote on multiple amendments. For obvious reasons, the government wanted to restrict the chances for its motion to be amended.
Taking advantage of his own rule change, Letwin has tabled an amendment to the government motion tomorrow. It has heavyweight, cross-party support, with those backing it including Hilary Benn, the Labour chair of the Brexit committee, Jo Swinson, the Lib Dem leader, and Philip Hammond, the former chancellor.
You can read the text of the Letwin amendment on the order paper here (pdf). The amendment would remove almost all the government motion (which says the Commons has approved the Brexit deal) and says the Commons is withholding approval of the deal until the legislation implementing it has been passed.
As Letwin explained in the debate yesterday, his aim is to close a loophole in the Benn act. The legislation forces the PM to request a Brexit extension if a deal has not been passed by the end of tomorrow. A vote in favour of the deal tomorrow would have meant there was no need for the PM to request an extension. But if the withdrawal agreement bill (WAB) failed to get through parliament by 31 October, the UK could end up leaving with no deal by accident. Letwin’s amendment would lead to the PM having to request an extension tomorrow, on the proviso that if the WAB gets through by the end of October, at that point the extension would be withdrawn. You could call it a backstop.
The Benn act passed by 29 votes at second reading and it is likely that the Letwin amendment, which is just intended to copper bottom the Benn act, will also pass tomorrow.
If it does, the make-or-break vote on Johnson’s deal will never actually take place. Instead MPs will vote on a bland motion (see below), which could go through on the nod.
At that point, if Johnson complies with the assurances that he gave to the court of session in Scotland, he will have to write a letter to the EU requesting an extension.
And at that point Johnson would have to decide whether to try to pass his withdrawal agreement bill by 31 October, to release him from the obligation to take up the extension - or whether to accept the extension, and then hold the election that Labour has promised to back in the event of an extension happening. He would campaign promising to implement his Brexit deal - against Labour promising a further negotiation.
This is starting to get speculative, but what is clear is that there is now a real chance that “Super Saturday” could turn out not to be the make-or-break Brexit moment people have been expecting.
Assuming that Letwin’s amendment passes, this is the motion, as amended, that MPs would be voting on. (The Letwin text, replacing 12 lines in the original, is in bold.)
That, in light of the new deal agreed with the European Union, which enables the United Kingdom to respect the result of the referendum on its membership of the European Union and to leave the European Union on 31 October with a deal, this house has considered the matter but withholds approval unless and until implementing legislation is passed.
From PoliticsHome’s John JohnstonFrom PoliticsHome’s John Johnston
A protestor dressed as Boris Johnson is now half way up the Big Ben scaffolding. Police screaming at him to come down. pic.twitter.com/eJvk3ZFDJiA protestor dressed as Boris Johnson is now half way up the Big Ben scaffolding. Police screaming at him to come down. pic.twitter.com/eJvk3ZFDJi
And Leo Varadkar, the Irish taoiseach (prime minister), has also said that MPs at Westminster should not assume that the EU27 would inevitably agree to a Brexit extension. Speaking at his post-summit press conference, he said:And Leo Varadkar, the Irish taoiseach (prime minister), has also said that MPs at Westminster should not assume that the EU27 would inevitably agree to a Brexit extension. Speaking at his post-summit press conference, he said:
The position that we have agreed as the European council is that as things stand there is no request from the UK for an extension, if for some reason a request came, then Donald Tusk – president of the European council – would consult individually with all the European leaders to see if we would agree to such a request.The position that we have agreed as the European council is that as things stand there is no request from the UK for an extension, if for some reason a request came, then Donald Tusk – president of the European council – would consult individually with all the European leaders to see if we would agree to such a request.
But bear in mind that request would have to be agreed unanimously by all 27 leaders, so I don’t think MPs voting tomorrow should make the assumption there would be unanimity for an extension. But our point of view has always been that we would be open to it, but it would be a mistake to assume that it’s a guarantee, given that it requires unanimity by all 27 member states.But bear in mind that request would have to be agreed unanimously by all 27 leaders, so I don’t think MPs voting tomorrow should make the assumption there would be unanimity for an extension. But our point of view has always been that we would be open to it, but it would be a mistake to assume that it’s a guarantee, given that it requires unanimity by all 27 member states.
He also said although Ireland would be open to an extension to allow more time for the House of Commons to ratify a deal, there was no plan B. He explained:He also said although Ireland would be open to an extension to allow more time for the House of Commons to ratify a deal, there was no plan B. He explained:
Plan B is no deal, and we’re all preparing for that, and we’ve all been preparing for that since the referendum, but let’s hope that doesn’t happen.Plan B is no deal, and we’re all preparing for that, and we’ve all been preparing for that since the referendum, but let’s hope that doesn’t happen.
Emmanuel Macron, the French president, has said he does not want to grant another Brexit extension. Speaking at a press conference at the end of the EU summit, he said:Emmanuel Macron, the French president, has said he does not want to grant another Brexit extension. Speaking at a press conference at the end of the EU summit, he said:
So that we can turn to the future I believe that we shall stick to the deadline of October 31.So that we can turn to the future I believe that we shall stick to the deadline of October 31.
That being said, I’m not trying to read the future but I do not think we shall grant any further delay.That being said, I’m not trying to read the future but I do not think we shall grant any further delay.
I believe it is now time to put an end to these negotiations and work on the future relationship and put an end to what is currently ongoing.I believe it is now time to put an end to these negotiations and work on the future relationship and put an end to what is currently ongoing.
Like I said, there shall be no delay unless there are some major changes.Like I said, there shall be no delay unless there are some major changes.
Under the Benn act, Boris Johnson will have to request a Brexit extension if his deal is not agreed by parliament tomorrow. For an extension to be granted, all EU states would have to approve, which means that Macron would have a veto. Any suggestion that he might not allow an extension is helpful to Johnson, because he wants MPs to think tomorrow that they face a choice between his deal and no deal.Under the Benn act, Boris Johnson will have to request a Brexit extension if his deal is not agreed by parliament tomorrow. For an extension to be granted, all EU states would have to approve, which means that Macron would have a veto. Any suggestion that he might not allow an extension is helpful to Johnson, because he wants MPs to think tomorrow that they face a choice between his deal and no deal.
The intervention by Jean-Claude Juncker, the European commission president, at the summit yesterday, when he also said there should be no extension, was also interpreted as an attempt to help Johnson get his deal through the Commons.The intervention by Jean-Claude Juncker, the European commission president, at the summit yesterday, when he also said there should be no extension, was also interpreted as an attempt to help Johnson get his deal through the Commons.
In practice, although most of the EU27 are fed up of Brexit and want it over, it is assumed that, faced with a no-deal Brexit as an alternative, in practice they would grant a request for an extension from the UK.In practice, although most of the EU27 are fed up of Brexit and want it over, it is assumed that, faced with a no-deal Brexit as an alternative, in practice they would grant a request for an extension from the UK.
The court of session has finished hearing submissions on the latest legal challenge by anti-Brexit campaigner Jolyon Maugham QC, and Lord Pentland has said that he will give his decision by the end of the day.The court of session has finished hearing submissions on the latest legal challenge by anti-Brexit campaigner Jolyon Maugham QC, and Lord Pentland has said that he will give his decision by the end of the day.
Scotland’s highest court heard that Boris Johnson’s new withdrawal agreement to leave the European Union involves a “clear and unequivocal breach” of national law.Scotland’s highest court heard that Boris Johnson’s new withdrawal agreement to leave the European Union involves a “clear and unequivocal breach” of national law.
The basis of the challenge is that the newly agreed deal with the EU contravenes legislation – originally amended by hardline Brexiters to stymie the backstop arrangement – that prevents Northern Ireland forming part of a separate customs territory.The basis of the challenge is that the newly agreed deal with the EU contravenes legislation – originally amended by hardline Brexiters to stymie the backstop arrangement – that prevents Northern Ireland forming part of a separate customs territory.
Sitting before Pentland, the court of session in Edinburgh heard from Aidan O’Neill QC that the provisions of the new withdrawal agreement make it plain that Northern Ireland would also form part of a separate customs territory, that of the European Union, and that this breaches section 55 of the Taxation (Cross-border Trade) Act 2018, which states that it is “unlawful for Her Majesty’s government to enter into arrangements under which Northern Ireland forms part of a separate customs territory to Great Britain”.Sitting before Pentland, the court of session in Edinburgh heard from Aidan O’Neill QC that the provisions of the new withdrawal agreement make it plain that Northern Ireland would also form part of a separate customs territory, that of the European Union, and that this breaches section 55 of the Taxation (Cross-border Trade) Act 2018, which states that it is “unlawful for Her Majesty’s government to enter into arrangements under which Northern Ireland forms part of a separate customs territory to Great Britain”.
Noting that section 55 – the result of an amendment sponsored by the hardline European Research Group - “intended to tie the government’s hands”, O’Neill added that whether Northern Ireland forms part of a separate customs territory after Brexit “is a question of objective law” and that it “can’t be plainer” that the UK government has acted unlawfully.Noting that section 55 – the result of an amendment sponsored by the hardline European Research Group - “intended to tie the government’s hands”, O’Neill added that whether Northern Ireland forms part of a separate customs territory after Brexit “is a question of objective law” and that it “can’t be plainer” that the UK government has acted unlawfully.
But Gerry Moynihan QC for the UK government argued that the petition was beyond the competency of the court, saying it was inviting the court to “inhibit” consideration of the agreement. “This is a manifest attempt to interfere with proceedings in parliament,” he told Pentland. He added that a substantial part of Northern Ireland’s trade would remain part of the UK’s customs territory and therefore section 55 would be complied with.But Gerry Moynihan QC for the UK government argued that the petition was beyond the competency of the court, saying it was inviting the court to “inhibit” consideration of the agreement. “This is a manifest attempt to interfere with proceedings in parliament,” he told Pentland. He added that a substantial part of Northern Ireland’s trade would remain part of the UK’s customs territory and therefore section 55 would be complied with.
Moynihan also presented a letter from the Speaker’s counsel which warned that Maugham’s petition was asking for action that would “inevitably involve interference on proceedings in parliament and as a breach of the separation of powers”.Moynihan also presented a letter from the Speaker’s counsel which warned that Maugham’s petition was asking for action that would “inevitably involve interference on proceedings in parliament and as a breach of the separation of powers”.
The hearing, which concluded just before 1pm, involved testy exchanges between Pentland and O’Neill, as the judge attempted to clarify whether the court was in effect being asked to prevent parliament debating the deal on Saturday.The hearing, which concluded just before 1pm, involved testy exchanges between Pentland and O’Neill, as the judge attempted to clarify whether the court was in effect being asked to prevent parliament debating the deal on Saturday.
O’Neill said that he was asking the court to clarify the law for parliament, and that it would be parliament’s decision whether to then repeal section 55 in order to retrospectively validate the agreement.O’Neill said that he was asking the court to clarify the law for parliament, and that it would be parliament’s decision whether to then repeal section 55 in order to retrospectively validate the agreement.
Another “Spartan”, the former Brexit minister Suella Braverman, has announced that she will be voting for Boris Johnson’s deal.Another “Spartan”, the former Brexit minister Suella Braverman, has announced that she will be voting for Boris Johnson’s deal.
Just over a year ago I resigned from Government over the terms of the deal. I voted against it 3 times. Tomorrow I will vote to support the new deal secured by @BorisJohnson. This is about more than Brexit. It’s about integrity & democracy. Let’s get Brexit done & restore trustJust over a year ago I resigned from Government over the terms of the deal. I voted against it 3 times. Tomorrow I will vote to support the new deal secured by @BorisJohnson. This is about more than Brexit. It’s about integrity & democracy. Let’s get Brexit done & restore trust
The Tory Brexiter John Baron told the BBC this morning that ministers such as Dominic Raab, the foreign secretary, and Michael Gove, the Cabinet Office minister, have told him that, if the trade talks with the EU do not produce a deal by the end of next year, the UK would leave the transition and trade with the EU on no-deal (ie, WTO) terms.The Tory Brexiter John Baron told the BBC this morning that ministers such as Dominic Raab, the foreign secretary, and Michael Gove, the Cabinet Office minister, have told him that, if the trade talks with the EU do not produce a deal by the end of next year, the UK would leave the transition and trade with the EU on no-deal (ie, WTO) terms.
He also said a similar assurance in public from Boris Johnson would help to persuade hardline Brexiters (ie, the core of the European Research Group) to back the deal. He said:He also said a similar assurance in public from Boris Johnson would help to persuade hardline Brexiters (ie, the core of the European Research Group) to back the deal. He said:
All I can share with you is this: I am doing my best to persuade colleagues, the so-called Spartans who like me voted three times against Theresa May’s deal, to look at this in a favourable light. Because provided we can get that clear assurance, and I have been given it so far by people like Michael Gove and Dominic Raab, and I’m hoping to get it from the prime minister tomorrow, that we will be leaving after the trade talks, if those trade talks fail up to December 2020, on no-deal terms - as long as we can get that assurance, and I think we have done, then we’ll be supporting the deal tomorrow.All I can share with you is this: I am doing my best to persuade colleagues, the so-called Spartans who like me voted three times against Theresa May’s deal, to look at this in a favourable light. Because provided we can get that clear assurance, and I have been given it so far by people like Michael Gove and Dominic Raab, and I’m hoping to get it from the prime minister tomorrow, that we will be leaving after the trade talks, if those trade talks fail up to December 2020, on no-deal terms - as long as we can get that assurance, and I think we have done, then we’ll be supporting the deal tomorrow.
Under the government’s current plan the UK would leave the EU legally on 31 October but then remain in a transition until December 2020, during which most aspects of EU law would continue to apply. Ministers claim that they will be able to negotiate a new trade relationship with the EU before the end of next year, but the withdrawal agreement allows the transition to be extended for an extra year or two years and most trade experts think that in practice this will be necessary because there is very little chance of negotiating a trade deal within 14 months. In an interview with the Irish Times last month Phil Hogan, the incoming European trade commissioner, said it would take him up to eight months to assemble a new trade negotiating team and then “a number of years” to conclude talks with the UK.Under the government’s current plan the UK would leave the EU legally on 31 October but then remain in a transition until December 2020, during which most aspects of EU law would continue to apply. Ministers claim that they will be able to negotiate a new trade relationship with the EU before the end of next year, but the withdrawal agreement allows the transition to be extended for an extra year or two years and most trade experts think that in practice this will be necessary because there is very little chance of negotiating a trade deal within 14 months. In an interview with the Irish Times last month Phil Hogan, the incoming European trade commissioner, said it would take him up to eight months to assemble a new trade negotiating team and then “a number of years” to conclude talks with the UK.
But the People’s Vote campaign says Baron’s comment show that the government is not sincere about wanting a trade deal and that is is preparing for a no-deal Brexit at the end of next year.But the People’s Vote campaign says Baron’s comment show that the government is not sincere about wanting a trade deal and that is is preparing for a no-deal Brexit at the end of next year.
BREAKING: John Baron reveals the NO DEAL promise from Michael Gove & Dominic Raab that is making #Brexit extremists vote for this fake deal. They have no intention of signing up to a free trade deal before 2020. They want the UK to crash out out with No Deal. Please RT:BREAKING: John Baron reveals the NO DEAL promise from Michael Gove & Dominic Raab that is making #Brexit extremists vote for this fake deal. They have no intention of signing up to a free trade deal before 2020. They want the UK to crash out out with No Deal. Please RT:
These are from BuzzFeed’s Alex Wickham.These are from BuzzFeed’s Alex Wickham.
No10 fighting to nail down votes of the 21 former Tory rebelsHad previously been thought most would come overBut now fears these rebels could remain in the high single figureshttps://t.co/LXj8LW5nu4No10 fighting to nail down votes of the 21 former Tory rebelsHad previously been thought most would come overBut now fears these rebels could remain in the high single figureshttps://t.co/LXj8LW5nu4
Tory whips balancing actSome Spartans not backing deal yet, asking for commitment to leave transition period on WTO terms if a FTA cannot be agreedPaterson a problemBut make that commitment and the former Tory rebels and Labour MPs will fall awayhttps://t.co/LXj8LW5nu4Tory whips balancing actSome Spartans not backing deal yet, asking for commitment to leave transition period on WTO terms if a FTA cannot be agreedPaterson a problemBut make that commitment and the former Tory rebels and Labour MPs will fall awayhttps://t.co/LXj8LW5nu4
Some Spartans frustrated at Sammy Wilson / Ian Paisley Jnr / Nigel Dodds counter-whipping operation trying to get them to oppose the dealOne says Wilson in particular is being “annoying” and is hell-bent on no-dealhttps://t.co/LXj8LW5nu4Some Spartans frustrated at Sammy Wilson / Ian Paisley Jnr / Nigel Dodds counter-whipping operation trying to get them to oppose the dealOne says Wilson in particular is being “annoying” and is hell-bent on no-dealhttps://t.co/LXj8LW5nu4
The Tory Brexiter John Baron told the BBC this morning that Boris Johnson’s deal could make a no-deal Brexit possible at the end of next year, when the transition ends. (See 11.02am.) The People’s Vote campaign claims this comment shows that no deal remains a Brexiter ambition. It has released this quote from the Tory MP Guto Bebb, a PV supporter. He said:The Tory Brexiter John Baron told the BBC this morning that Boris Johnson’s deal could make a no-deal Brexit possible at the end of next year, when the transition ends. (See 11.02am.) The People’s Vote campaign claims this comment shows that no deal remains a Brexiter ambition. It has released this quote from the Tory MP Guto Bebb, a PV supporter. He said:
John Baron let the cat out of the bag. He admits that he and many of his fellow ideologues in the extremist Conservative faction of the ERG are supporting Boris Johnson’s Brexit proposals only because they see it as the fastest way to fulfil their no deal fantasies.John Baron let the cat out of the bag. He admits that he and many of his fellow ideologues in the extremist Conservative faction of the ERG are supporting Boris Johnson’s Brexit proposals only because they see it as the fastest way to fulfil their no deal fantasies.
Liberty has lost a bid to have an urgent hearing of its case against Boris Johnson over the Brexit deadline, the Press Association reports. Lawyers for the civil rights organisation argued today that its legal challenge, brought to ensure Johnson “acts within the law”, should be heard immediately. But their application for an urgent hearing was rejected by court of appeal judges, who said there was no need for an expedited hearing.Liberty has lost a bid to have an urgent hearing of its case against Boris Johnson over the Brexit deadline, the Press Association reports. Lawyers for the civil rights organisation argued today that its legal challenge, brought to ensure Johnson “acts within the law”, should be heard immediately. But their application for an urgent hearing was rejected by court of appeal judges, who said there was no need for an expedited hearing.
Government lawyers said Liberty’s case did not need to proceed urgently, as there was “ample time” for it to be heard before the UK’s planned exit from the EU on 31 October, the Press Association reports.Government lawyers said Liberty’s case did not need to proceed urgently, as there was “ample time” for it to be heard before the UK’s planned exit from the EU on 31 October, the Press Association reports.
Mark Francois, the deputy chair of the European Research Group, which represents hardline Tory Brexiters, and one of the 28 “Spartans” who voted against Theresa May’s deal on all three occasions, has gone into No 10 for a meeting with the PM. On his way in he said:Mark Francois, the deputy chair of the European Research Group, which represents hardline Tory Brexiters, and one of the 28 “Spartans” who voted against Theresa May’s deal on all three occasions, has gone into No 10 for a meeting with the PM. On his way in he said:
I still have some concerns about some of the specifics of the deal. So I’m going to go in now and discuss them personally with the prime minister. He very kindly granted me a meeting. And I’ll decide what to do when I’ve had a chance to put some questions to the prime minister.I still have some concerns about some of the specifics of the deal. So I’m going to go in now and discuss them personally with the prime minister. He very kindly granted me a meeting. And I’ll decide what to do when I’ve had a chance to put some questions to the prime minister.
From YouGovFrom YouGov
BREAKING: Snap YouGov poll finds that by 41% to 24%, Britons want Parliament to pass Boris Johnson's Brexit deal. Two thirds (67%) of Leave voters want the deal passed https://t.co/2FZCSNZmE2 pic.twitter.com/PhQ4skIuFEBREAKING: Snap YouGov poll finds that by 41% to 24%, Britons want Parliament to pass Boris Johnson's Brexit deal. Two thirds (67%) of Leave voters want the deal passed https://t.co/2FZCSNZmE2 pic.twitter.com/PhQ4skIuFE
From Sky’s Rob PowellFrom Sky’s Rob Powell
NEW: Brexiteer Mark Francois - who voted against May's deal three times - heads into Downing Street to meet Boris Johnson. He says he "still has concerns about some of the specifics of the deal" and will decide what to do after meeting the PM.NEW: Brexiteer Mark Francois - who voted against May's deal three times - heads into Downing Street to meet Boris Johnson. He says he "still has concerns about some of the specifics of the deal" and will decide what to do after meeting the PM.
The DUP MP Sammy Wilson is urging Tory MPs to join the DUP in rejecting Boris Johnson’s deal.The DUP MP Sammy Wilson is urging Tory MPs to join the DUP in rejecting Boris Johnson’s deal.
Conservative & Unionist MPs must take a stand for the Union and join us in rejecting this deal. Internal & burdensome trade barriers will be erected within the UK without parallel consent from both unionists & nationalists. This is not Brexit.Conservative & Unionist MPs must take a stand for the Union and join us in rejecting this deal. Internal & burdensome trade barriers will be erected within the UK without parallel consent from both unionists & nationalists. This is not Brexit.
Ian Blackford, the SNP leader at Westminster, told the BBC this morning that, if Boris Johnson wins the vote tomorrow, the opposition parties should unite to bring down his government with a no confidence vote. Blackford said:Ian Blackford, the SNP leader at Westminster, told the BBC this morning that, if Boris Johnson wins the vote tomorrow, the opposition parties should unite to bring down his government with a no confidence vote. Blackford said:
If it does go through [the deal], we will be saying to the opposition parties that we have to come together. We have to remove Boris Johnson’s government from office and we have to move to an early general election.If it does go through [the deal], we will be saying to the opposition parties that we have to come together. We have to remove Boris Johnson’s government from office and we have to move to an early general election.
This is a deal that if it does get support in the House of Commons, is going to be devastating for our communities, devastating for jobs.This is a deal that if it does get support in the House of Commons, is going to be devastating for our communities, devastating for jobs.
Richard Benyon, one of the 21 Tories who lost the whip after rebelling over Brexit last month, has confirmed that he will vote for the government tomorrow.Richard Benyon, one of the 21 Tories who lost the whip after rebelling over Brexit last month, has confirmed that he will vote for the government tomorrow.
I will be supporting the deal tomorrowI will be supporting the deal tomorrow
Many of the 21 will be voting with the government. They rebelled because they wanted parliament to rule out a no-deal Brexit, but many of them are willing to see the UK leave the EU as long as a deal is in place.Many of the 21 will be voting with the government. They rebelled because they wanted parliament to rule out a no-deal Brexit, but many of them are willing to see the UK leave the EU as long as a deal is in place.