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Davis promises swift vote on EU deal to placate Tory rebels Tory whips make legal threat to rebels before crucial Brexit vote
(about 3 hours later)
The Brexit secretary, David Davis, has promised Conservative MPs a vote on the Brexit deal “as soon as possible” after negotiations are concluded in an attempt to head off a serious rebellion over the EU withdrawal bill. Conservative rebels have been threatened with legal action if they make false public comments about the activities of the government’s whips in the run-up to Wednesday night’s crunch vote in parliament, the Guardian understands.
Davis moved to placate around a dozen Tory rebels threatening to defy the government on Wednesday night. In an indication of the toxic atmosphere at Westminster as Theresa May seeks to avoid an embarrassing defeat over MPs’ demands for a meaningful vote on the Brexit deal, at least one potential mutineer was warned by the chief whip, Julian Smith, that they could be sued if they made defamatory comments about the whips’ activities.
A Conservative source said rebel MPs were being called into No 10 in a last ditch attempt to allay their concerns. Another backbencher described the approach of the whips, who are responsible for party discipline, as “bullying junior MPs”.
The vote is over an amendment to the EU withdrawal bill laid by the former attorney general Dominic Grieve in an effort to force the government to give MPs a meaningful vote on the Brexit deal.
The “mutineers”, as they were dubbed by the Daily Telegraph, appeared not to have been satisfied by a concession on Wednesday morning from David Davis, who tabled a written statement promising Conservatives a vote on the Brexit deal “as soon as possible” after negotiations are concluded.
Davis said: “The government has committed to hold a vote on the final deal in parliament as soon as possible after the negotiations have concluded. This vote will take the form of a resolution in both houses of parliament and will cover both the withdrawal agreement and the terms for our future relationship.”Davis said: “The government has committed to hold a vote on the final deal in parliament as soon as possible after the negotiations have concluded. This vote will take the form of a resolution in both houses of parliament and will cover both the withdrawal agreement and the terms for our future relationship.”
He also promised the vote on May’s Brexit deal would take place before any part of the withdrawal agreement was implemented. He also promised the vote on May’s Brexit deal would take place before any part of the withdrawal agreement was implemented: a pledge repeated by May at prime minister’s questions.
His assurances, however, may not be enough to placate all the rebel Conservative MPs, who want a legally guaranteed vote on the draft agreement before Brexit day on 29 March 2019. But asked by the Labour backbencher Heidi Alexander about a separate amendment she has tabled, aimed at opening the way for the UK to remain in the European Economic Area, the prime minister risked further irritating rebel backbenchers by insisting the decision had already been taken by voters.
Wednesday’s vote is expected to be extremely tight, because the Conservatives only hold a majority of around seven with the help of Democratic Unionist party (DUP) MPs. May said: “She says that it should be parliament that makes the decision about our membership of the single market; actually this parliament gave that decision, about our membership of the European Union, to the people of this country. It is the people of this country that have voted to leave the EU and this government will deliver for the people of this country.”
On Tuesday night, the rebel group said it believed it had the numbers to defeat Theresa May’s government. If proved right, it would represent the first major Commons rebellion over the EU withdrawal bill. The Conservative MP Anna Soubry later challenged the prime minister, saying they were both “proud of being called bloody difficult women”, but urging her to accept the amendment, “in a spirit of unity of everybody here and in the country”.
Several politicians told the Guardian they were ready to swing behind the demands of Dominic Grieve unless ministers took last-minute steps to amend the legislation themselves. But May replied that “as currently drafted”, Grieve’s amendment would prevent the government using key powers to prepare for Brexit, and “could mean that we are not able to have the orderly and smooth exit from the European Union that we want to have”.
Grieve, a former attorney general, made clear on Tuesday evening that he was ready to press ahead with the rebellion. “I remain hopeful that the government will listen to what I’ve said, but failing that I’m prepared to push to a vote,” he told the Guardian. Rebels were being called into No 10 on Wednesday in a last-ditch attempt to allay their concerns – but several indicated to the Guardian they were not satisfied with Davis’s promise.
Grieve objects to clause nine of the EU withdrawal bill, which hands ministers so-called Henry VIII powers to enact the Brexit legislation without a parliamentary vote. His amendment would not allow that to happen until MPs and peers had voted in favour of a fresh piece of legislation. Nicky Morgan and Antoinette Sandbach, as well as Soubry, said they had not been placated by the government’s move. They want a legally guaranteed vote on the draft agreement before Brexit day on 29 March 2019.
“The government has not come up with a legislative alternative to amending clause nine, but it must be amended,” he said. “Because it is incompatible with the government’s own stated position as to how the final withdrawal agreement will be agreed by parliament.” Meanwhile Grieve told Sky News on Wednesday his conversations with the government over the issue had been a “dialogue of the deaf”.
Rebels had been expecting the government to table its own amendments that would put the pledge of a meaningful vote on the final deal into law, rather than relying on a promise from Davis or May.
Soubry told the Guardian: “Most of the so-called mutineers are lawyers – we understand the importance of statute.” She added: “We raised this with the prime minister in September. We said we don’t want to cause trouble. We don’t want to vote against the government. Dominic Grieve is not some headbanger.”
Wednesday’s vote is expected to be extremely tight, because the Conservatives only hold a majority of about seven with the help of Democratic Unionist party MPs.
If May is defeated over Grieve’s amendment on Wednesday evening, it would represent the first major Commons rebellion over the EU withdrawal bill.
The showdown comes as she prepares to travel to Brussels on Thursday for the European council meeting, at which EU27 leaders are expected to confirm “sufficient progress” has been made to allow negotiations to move on to Britain’s future relationship with the EU.
Grieve objects to clause 9 of the EU withdrawal bill, which hands ministers so-called Henry VIII powers to enact the Brexit legislation without a parliamentary vote. His amendment would not allow that to happen until MPs and peers had voted in favour of a fresh piece of legislation.
“The government has not come up with a legislative alternative to amending clause 9, but it must be amended,” he said, “because it is incompatible with the government’s own stated position as to how the final withdrawal agreement will be agreed by parliament.”
Other Tory MPs who have signed up to the amendment made clear they were also ready to push ahead. Heidi Allen said she would vote for the amendment without further concessions. “A lot of us are very firm on this,” she said.Other Tory MPs who have signed up to the amendment made clear they were also ready to push ahead. Heidi Allen said she would vote for the amendment without further concessions. “A lot of us are very firm on this,” she said.
Her colleague Antoinette Sandbach said: “It is vital that parliament is not denied the opportunity for scrutiny of the deal. All the other EU country parliaments will get that opportunity.” Sandbach said: “It is vital that parliament is not denied the opportunity for scrutiny of the deal. All the other EU country parliaments will get that opportunity.”
She said the amendment would allow parliament to vote on the outcome of EU negotiations before the withdrawal agreement was implemented.
At least one Tory MP who had not signed the amendment and had never previously threatened to rebel was also ready to back Grieve.At least one Tory MP who had not signed the amendment and had never previously threatened to rebel was also ready to back Grieve.
The shadow Brexit secretary, Keir Starmer, is ready to give Grieve the the Labour party’s support, whipping opposition MPs to vote in favour of the amendment. This makes it much more likely to result in a government defeat if the vote goes ahead. The shadow Brexit secretary, Keir Starmer, confirmed on Wednesday morning that Labour would back the Grieve amendment, whipping opposition MPs to vote in favour of it. This makes it much more likely to result in a government defeat if the vote goes ahead.
Matthew Pennycook, a shadow Brexit minister, urged Tories not to back down. He called on ministers to give a cast-iron guarantee that parliament would have a final say on the Brexit agreement. “If they fail to do so, then Tory MPs should deliver on their promises and vote with Labour,” he said.
“Tory rebels have talked the talk, now they must walk the walk. The decision MPs make … will determine whether or not the UK goes down the path of a Brexit that respects parliamentary democracy.
“Warm words and woolly concessions from ministers” would not be enough, he said.
In a last-minute attempt to scupper a rebellion, the Tory chief whip, Julian Smith, demanded to see those considering opposing the government. Whips argue that May achieved a positive deal in Brussels last week in the divorce talks, resulting in a polling boost that ought to be celebrated in the run-up to Christmas.
Government sources also insisted, however, that they wanted to listen to Tory MPs. One said: “It’s clear [MPs] really want clarity about how the final votes would fall and what would happen when.” The source said they were seeing what ministers could do, but the government did not lay down a compromise amendment as expected on Friday.
One potential rebel complained that some leave campaigners in the Commons were trying to paint the intervention as an act of sabotage, but insisted: “It is nothing of the kind. This is all part of the hysteria.”
A Labour MP backing the Tory backbench amendment said: “It’ll be tight, but we have the numbers at the moment.”
The vote is unpredictable because a handful of Labour MPs are expected to vote the other way with the government or abstain. One of them, Frank Field, a Brexitsupporter, said he would not back Grieve’s amendment because he was concerned it would be a platform for further changes in the House of Lords, such as trying to force a second referendum.
Sources suggested only two or three Labour MPs would vote with the government, with one leaver – John Mann – making clear he was ready to back Grieve. “I voted to return powers to the British parliament,” he said.
Mann recently argued in the Guardian that leave voters would be let down if the UK failed to secure a Brexit deal, and instead suggested looking to a Norway or Swiss-style model inside the single market.
May faces another potential rebellion next week over a government-led amendment that attempts to enshrine the exit day of 29 March 2019 in British law.