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Brexit vote: Gove tells Tories they can 'improve' outcome if May's deal passed - Politics live Brexit vote: Bercow allows four amendments but not one for second referendum - Politics live
(35 minutes later)
Cox says passing this deal would be the first step towards leaving the EU. If the Commons did not take this step, it would plunge the country into uncertainty.
And people who want to stop Brexit want MPs to vote down this deal, because they know this deal is the only path to Brexit. Vote it down, and Brexit could be stopped, he argues.
He says if MPs vote it down history will record that MPs voted against the possibility of the UK regaining independence, all because of the backstop.
And that’s it. Cox has finally finished.
Rachel Reeves, the Labour chair of the business committee, intervenes. She says Cox has been speaking for almost an hour, and almost everything he has said is aimed at addressing concerns of Tories. But, as the two votes from MPs in the Commons showed last week, what other MPs are worried about is the prospect of a no-deal Brexit. Will Cox rule that out?
Cox says the way to avoid a no-deal Brexit is to vote for this deal.
Cox say Labour wants to stay in the customs union, provided the UK could have a say in EU trade deals.
But that would be the first time the EU had ever given that right to a third country, he says. He says the Labour policy is a “fantasy”.
Peter Bone, the Tory Brexiter, intervenes to ask Cox about the report from the Lords EU committee (pdf), saying the UK would not have to pay anything to the EU after Brexit.
Cox says Bone is wrong. The UK might not have any financial obligations to the EU after Brexit under EU law, he says. But under public international law the UK would have financial obligations, he says. He says the argument that the UK would not have financial obligations under international public law “is flimsy at best”.
Sir Edward Leigh intervenes. He says many Tory MPs want an end date to the backstop. He asks the government to agree to accept amendments on this.
Cox said Leigh’s amendment would not be compatible with the UK’s international law obligations.
Cox confirms the government will not accept the amendment from the Tory MP Edward Leigh saying the UK should have the right to abandon the withdrawal agreement if it is still in the backstop by the end of 2021.
Here, for the record, is the full text of the Leigh amendment.
At end, add “notes that the Northern Ireland backstop is intended to be temporary; notes that the Vienna convention on the law of treaties makes it absolutely clear that a sovereign state can abrogate any part of a treaty with an international body in case of a fundamental change of circumstances since the treaty was agreed; notes that making the Northern Ireland backstop permanent would constitute such a fundamental change of circumstances; and therefore calls for an assurance from the government that, if it becomes clear by the end of 2021 that the European Union will not agree to remove the Northern Ireland backstop, the United Kingdom will treat the indefinite continuation of the backstop as a fundamental change of circumstances and will accordingly give notice on 1 January 2022 to terminate the Withdrawal Treaty so that the United Kingdom of Great Britain and Northern Ireland shall become an independent country once again.”
If you want more information about what the Vienna convention on the law of treaties says, and whether it could be used by the UK to exit the withdrawal agreement, this House of Commons library briefing (pdf) should answer all your questions.
Cox says the regulatory provisions in the backstop are standard non-regression clauses of the kind you get in free trade agreements.Cox says the regulatory provisions in the backstop are standard non-regression clauses of the kind you get in free trade agreements.
The UK will have regulatory flexibility, “if we wish to avail ourselves of it”, he says.The UK will have regulatory flexibility, “if we wish to avail ourselves of it”, he says.
Cox says, once EU fishermen realise they cannot get “a single cod or plaice” from UK waters under the backstop, they will put great pressure on their governments to ensure the backstop does not continue.Cox says, once EU fishermen realise they cannot get “a single cod or plaice” from UK waters under the backstop, they will put great pressure on their governments to ensure the backstop does not continue.
Geoffrey Cox, the attorney general, says the EU has made it clear that the backstop cannot be permanent.Geoffrey Cox, the attorney general, says the EU has made it clear that the backstop cannot be permanent.
He says no Danish, Dutch or Belgian fisherman will be allowed to point the prow of their boat one metre into British waters under the backstop.He says no Danish, Dutch or Belgian fisherman will be allowed to point the prow of their boat one metre into British waters under the backstop.
This is from Sky’s Beth Rigby, who has been speaking to a minister about the speaker’s decision not to select the Murrison amendment.This is from Sky’s Beth Rigby, who has been speaking to a minister about the speaker’s decision not to select the Murrison amendment.
Ask senior minister if its a disaster. Says the Leigh/Baron amendments at least send a political message about the concerns of MPs that need to be answered. Adds that it "would have been a problem" had none been selected....... https://t.co/CPO06QR6u0Ask senior minister if its a disaster. Says the Leigh/Baron amendments at least send a political message about the concerns of MPs that need to be answered. Adds that it "would have been a problem" had none been selected....... https://t.co/CPO06QR6u0
Sylvia Hernon, the independent MP from Northern Ireland, intervenes. She says Cox previously described the backstop as “an instrument of pain” for the EU. Will he elaborate?Sylvia Hernon, the independent MP from Northern Ireland, intervenes. She says Cox previously described the backstop as “an instrument of pain” for the EU. Will he elaborate?
Cox says he wants to move on to that. He says most of what is in the withdrawal agreements is entirely sensible. It allows matters to be settled orderly.Cox says he wants to move on to that. He says most of what is in the withdrawal agreements is entirely sensible. It allows matters to be settled orderly.
There are misconceptions about the withdrawal agreement, he says. People claim it allows the ECJ to have jurisdiction over UK law. “It does not,” he bellows. He repeats the phrase several times. Once the clauses relating to the ECJ have wound out, it will no longer have jurisdiction, he says.There are misconceptions about the withdrawal agreement, he says. People claim it allows the ECJ to have jurisdiction over UK law. “It does not,” he bellows. He repeats the phrase several times. Once the clauses relating to the ECJ have wound out, it will no longer have jurisdiction, he says.
And he says the same applies to the argument about EU rules continuing to have force after Brexit.And he says the same applies to the argument about EU rules continuing to have force after Brexit.
Cox explains what the withdrawal agreement achieves. It settles the bills, and allows legal agreements to continue.Cox explains what the withdrawal agreement achieves. It settles the bills, and allows legal agreements to continue.
He says the transition will be like an “airlock”. An airlock allows the human body to adopt to a new environment, he says. And this deal will allow the UK to adapt to the bright new world on offer after Brexit.He says the transition will be like an “airlock”. An airlock allows the human body to adopt to a new environment, he says. And this deal will allow the UK to adapt to the bright new world on offer after Brexit.
It will create a bridge for the departure from the EU, he says.It will create a bridge for the departure from the EU, he says.
Nigel Dodds, the DUP leader at Westminster, intervenes to say that Theresa May failed to get legally binding changes to the withdrawal agreement.Nigel Dodds, the DUP leader at Westminster, intervenes to say that Theresa May failed to get legally binding changes to the withdrawal agreement.
Cox says Dodds is right to say that the EU has not changed the withdrawal agreement. But the assurances offered have legal force, he says.Cox says Dodds is right to say that the EU has not changed the withdrawal agreement. But the assurances offered have legal force, he says.
The main thrust of Cox’s speech so far has been that leaving the EU without a deal would cause chaos. I will post full quote shortly.
Geoffrey Cox, the attorney general, is now opening the debate. And his speech is first-rate – on the basis of what I’ve heard so far, quite easily the best rhetorical performance we’ve had since MPs embarked on this enterprise on Wednesday last week. It is probably a bit OTT for some people’s tastes. But not the Speaker’s; John Bercow has just described Cox as having “the intellect of Einstein and the eloquence of Demosthenes”.
Here is some Twitter comment on John Bercow’s decision not to call the Andrew Murrison amendment.
From my colleague Paul Johnson
So Bercow says no to amendment from Tory MP Andrew Murrison - which would have limited backstop. -Another lifeline for May has disappearedLive updates via @AndrewSparrow here:https://t.co/AIBHtFN9lS
From the Mirror’s Pippa Crerar
Crucially, Speaker does NOT select Murrison amendment which could've helped Downing Street formulate Plan B - they could've taken it to Brussels to show MPs backed PM plan IF backstop issue could be resolved.
From the Independent’s Jon Stone
On the one hand, Bercow not picking Murrison amendment is surprising given it is in the spotlight. But on the other hand, it is pretty sensible given it is not really a valid amendment and if passed would be incompatible with the treaty MPs are being asked to ratify
From the Telegraph’s Anna Mikhailova
John Bercow selects 4 amendments - but not Andrew Murrison's or Hugo Swire's.Downing Street's hopes of using amendments to minimise defeat have been dashed.
John Bercow, the Speaker, now turns to the debate. He says, under the business motion, he can now select amendments.
He has selected four he says: Labour leader Jeremy Corbyn’s, SNP leader at Westminster Ian Blackford’s, and the Tory MPs Sir Edward Leigh’s and John Baron’s.
If amendment b) (Leigh’s) is agreed to, amendment f) (Baron’s) falls, he says. He now sets out what will happen at the end of the debate.
He says at 7pm Corbyn will be invited to move his amendment. If that is passed, the original question will be put.
Then Blackford’s amendment will be put to a vote. If it is passed, the original question will be put. Then Leigh’s amendment will be put to a vote. If it is passed, the original question will be put.
Then Baron’s amendment will be put to a vote. If it is passed, the original question will be put.
Then the main vote will take place.
Bercow refuses to call the Andrew Murrison amendment. (See 12.54pm.) This is significant because, although the Murrison amendment was not formally backed by government, some in government favoured it because, if it were passed, it would enable the government to present the EU with an ultimatum.
He also refuses to call the Hugo Swire amendment and the John Mann amendment – two amendments the government said it would back. (But the fact that the government has said it accepts them means it is still theoretically committed to accept what they say, even though MPs will not vote on this.)
MPs will vote on two amendments specifically dealing with the backstop, Edward Leigh’s and John Baron’s, as well as a Labour one and an SNP one.
There will be no vote on a second referendum amendment. The Lib Dems tabled on on this topic, but Bercow has not called it.
There should be five votes in total, with the result of the final vote, yes/no on Theresa May’s deal, coming at about 8.15pm.
From my colleague Dan Sabbagh
T May lurking behind the Speaker's chair as we wait to see what amendments have been selected. Chatting and joking with colleagues. But does she not know what he has picked?
The DUP has put out a statement saying the Andrew Murrison amendment, which says the withdrawal agreement should be amended “to specify that the backstop solution shall expire on 31 December 2021”, is not enough to make the deal acceptable to them. A DUP spokesman said:
Parliament is today being asked to vote on the legally binding withdrawal agreement negotiated by the prime minister. That does not contain an end date on the backstop.
The prime minister has known for many weeks what we require.
Amendments tabled in parliament will have no bearing on the legal status of what has been negotiated. What is required is for the prime minister is to go and secure legally binding changes as she promised.
Today’s very belated amendments are part of the internal parliamentary games and do not change the need to secure legally binding changes.
In the Commons the Conservative MP Nick Boles has just move his EU withdrawal (no 2) bill. He explained on the Today programme yesterday how this would work.
In the Commons, health questions are over. John Bercow, the Speaker, is taking points of order. Then we will get a 10-minute rule bill (which, confusingly, can go on for 20 minutes, even though is normally over in about five minutes).
After that the debate will start. At that point Bercow will announce what amendments are being taken.
Sky’s Beth Rigby has more on what happened at cabinet.
NEW: And from a cabinet source - told MP was "resolute" in pushing on with her deal. But source also told me remainers in cabinet clear No Deal won't happen and are pushing the PM - again - to try to build cross-party consensus
Some useful benchmarks for later.
Useful chart from @PA on biggest government defeats in House of Commons. Data crunching by Guardian has PM losing by 213. Sky News has it on 225. Looking pretty bleak. pic.twitter.com/Ecl5w662Va