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Brexit: No 10 to push again for vote on Boris Johnson's deal Brexit: No 10 to push again for vote on Boris Johnson's deal
(32 minutes later)
Parliament must be given "a straight up-and-down vote" on the PM's Brexit deal, No 10 says, after MPs delivered a major blow to his strategy on Saturday. MPs must be given "a straight up-and-down vote" on the PM's Brexit deal later, No 10 says, but it is not clear whether the Speaker will allow it.
Boris Johnson was forced by law to send a letter asking the EU for a new delay on Brexit, but did not sign it. John Bercow is due to announce his decision at about 15:30 BST.
The PM now wants MPs to say a clear "yes" or "no" to the deal on Monday, adding: "We cannot allow Parliament's letter to lead to Parliament's delay." The PM tried to bring his deal to the Commons for a vote on Saturday, but his strategy was dealt a blow when MPs backed moves to delay approval instead.
It will be up to Speaker John Bercow to decide whether to allow the vote. The Speaker has previously ruled out repeatedly bringing back votes on the same matter more than once.
BBC assistant political editor Norman Smith said Mr Bercow looked set to reject the PM's demand.
Following Saturday's special sitting, Boris Johnson was forced to send a letter asking the EU for an extension to the Brexit date - although he did not sign it.
Brexit legislation
Mr Johnson reached a new deal with the EU last week, but it needs to be approved by the UK Parliament.Mr Johnson reached a new deal with the EU last week, but it needs to be approved by the UK Parliament.
The deal ditches the backstop - the "insurance policy" designed to prevent a return to physical checks on the Irish border. He wants MPs to say a clear "yes" or "no" on Monday afternoon, but regardless of whether a vote on the deal is held, the government will introduce the legislation to implement Brexit - called the Withdrawal Agreement Bill - later.
Instead it will, in effect, draw a new customs border in the Irish Sea, because goods which could then travel onwards to Ireland will have to pay a duty tax. Labour's shadow Brexit Secretary Keir Starmer has said his party will push for changes when the bill is brought to Parliament, for example, demanding a UK-wide customs union with the EU and single market alignment, and ensuring there could not be a no-deal "trapdoor" at the end of the transition period if no free-trade agreement was reached with the EU.
The whole of the UK will leave the EU customs union, meaning it could strike trade deals with other countries in the future. The DUP has so far refused to support Mr Johnson's deal - and Labour has attempted to reach out to it - but the Northern Irish party's chief whip, Jim Shannon, told Sky News a customs union was "something that we cannot support and will not support".
The EU is now considering how to respond to the UK's request for a delay, but has said Saturday's developments did not mean that the deal had been rejected. He said the party was meeting to discuss its strategy, but added: "I believe that that will be the stance we will have later on when we see the wording."
The UK is due to leave the EU in 10 days time.
Boris Johnson's Brexit dealBoris Johnson's Brexit deal
IN BRIEF: How Parliament forced a delayIN BRIEF: How Parliament forced a delay
EXPLAINED: How the delay request worksEXPLAINED: How the delay request works
ANALYSIS: What is in Boris Johnson's new deal?ANALYSIS: What is in Boris Johnson's new deal?
IN GRAPHICS: What happens now?IN GRAPHICS: What happens now?
IN FULL: Boris Johnson's Brexit delay lettersIN FULL: Boris Johnson's Brexit delay letters
The prime minister's deal ditches the backstop - the controversial "insurance policy" designed to prevent a return to physical checks on the Irish border.
Instead it will, in effect, draw a new customs border in the Irish Sea, because goods which could then travel onwards to Ireland will have to pay a duty tax.
The whole of the UK will leave the EU customs union, meaning it could strike trade deals with other countries in the future.
The EU is now considering how to respond to the UK's request for a delay, but has said Saturday's developments did not mean that the deal had been rejected.
The UK is due to leave the EU in 10 days time.
So what happens now?So what happens now?
On Monday, the government will make a second attempt to hold the meaningful vote, presenting MPs with a straight choice to approve or oppose the deal in principle. On Saturday, instead of answering the question, "Do you support the deal or not?" MPs effectively chose to change the question, backing the so-called Letwin amendment instead, which delays approval for the deal until the WAB is passed.
Whether the Speaker, John Bercow, will allow that, though, is not yet clear - he could rule it out on the grounds it amounts to debating the same matter twice. Chief Secretary to the Treasury Rishi Sunak said he "very much hoped" the Speaker would allow the government a second chance to get MPs to give a straightforward "yes" or "no".
Chief Secretary to the Treasury Rishi Sunak said he "very much hoped" the Speaker would allow for the deal to be voted on.
"What the Oliver Letwin amendment did is mean that Parliament hasn't given its explicit positive support for the deal," Mr Sunak told BBC Radio 4's Today programme."What the Oliver Letwin amendment did is mean that Parliament hasn't given its explicit positive support for the deal," Mr Sunak told BBC Radio 4's Today programme.
"It was an observation on the deal happening and I think what people need is a substantive vote.""It was an observation on the deal happening and I think what people need is a substantive vote."
The Letwin amendment withholds approval of the deal until the legislation to implement it has been passed. Former Conservative minister, now independent MP, Justine Greening said the proper process through Parliament had to be followed in order for the WAB - a "huge bill" - to be given sufficient scrutiny.
The government also plans to introduce the legislation required to implement the Brexit deal - the Withdrawal Agreement Bill - during Monday's Commons session.
Former Conservative minister, now independent MP, Justine Greening said the proper process through Parliament had to be followed as this was a "huge bill" that is likely to be hundreds of pages.
"We all know that rushed law is bad law, this is the political rewiring of our country and it has to be done properly," she told the BBC."We all know that rushed law is bad law, this is the political rewiring of our country and it has to be done properly," she told the BBC.
But Mr Sunak said: "The substance of the withdrawal agreement has been public for a very long time, the bits that have changed - the backstop and the political declaration - were published last week.But Mr Sunak said: "The substance of the withdrawal agreement has been public for a very long time, the bits that have changed - the backstop and the political declaration - were published last week.
"Parliament has shown time and time again...an ability to move very quickly when it wants to. We can sit late sit, at weekends. And that's of course what we should do." "Parliament has shown time and time again... an ability to move very quickly when it wants to. We can sit late sit, at weekends. And that's of course what we should do."
Having been thwarted by MPs on Saturday, Boris Johnson wants to try again today. A move that looks set to be rejected by the Speaker. A straight vote on the deal today seems unlikely because the government didn't pull the vote on Saturday - they walked away from it. So, theoretically, the Commons did give a view on the issue, and it can't be asked to give a different one today - let's see.
That will then pave the way for a gruelling parliamentary battle as Mr Johnson seeks to push his Brexit bill through the Commons by the end of the week. The government is desperate to have a vote on the whole shebang as soon as possible to show momentum, before getting into days of scrutiny where MPs will try to make changes to the deal.
A timetable that may well be blocked by MPs - making it impossible for Mr Johnson to met his 31 October deadline. That's not just because they are worried about losing more votes - this government has barely won any - but because if MPs make any major changes to the legislation, then it might mean PM has to go back to EU and ask for a different deal - you can imagine how much No 10 wants that.
At the same time, the opposition parties are already preparing a flurry of amendments - including one on so called confirmatory referendum. It also, of course, eats up time, making it harder and harder as the hours tick by for the government to be able to stick to the 31 October deadline - still not impossible, but looking increasingly unlikely.
More likely to garner support will be a move by Labour to keep the UK in a customs union. If the WAB ends up not getting through or being changed, there is very little chance the government will be able to avoid a delay, so the smart bet is that No 10 will just go back to pushing very hard for an election.
Significantly the DUP have not closed the door to such an option. Once a delay is agreed, it will be hard for opposition parties to block one - lots of individual MPs don't want it, but the government is prepared to hold a vote of no confidence in itself, or go for a simple majority vote if they can't get it through under the Fixed-term Parliaments Act's two-thirds bar.
The government view such motions as wrecking amendments designed to stop Brexit.
Even so they confidently predict they now have the numbers to get the deal through the Commons.
However in the late nights and long parliamentary hours ahead - the potential for ambushes and carefully crafted amendments abound.
The parliamentary battle over Brexit - if anything - looks set to intensify.
What is the Withdrawal Agreement Bill?What is the Withdrawal Agreement Bill?
The UK needs to pass a law to implement the withdrawal agreement - the part of the PM's Brexit deal that will take the country out of the EU - in UK law.The UK needs to pass a law to implement the withdrawal agreement - the part of the PM's Brexit deal that will take the country out of the EU - in UK law.
It has to secure the backing of a majority of MPs - and then of peers in the House of Lords. And a vote for the Brexit deal itself is no guarantee of a vote for the legislation required to implement it.It has to secure the backing of a majority of MPs - and then of peers in the House of Lords. And a vote for the Brexit deal itself is no guarantee of a vote for the legislation required to implement it.
The bill gives legal effect to any agreed transition period and fulfils requirements on the rights of EU citizens in the UK after Brexit. It will also allow ministers to make "divorce payments" to the EU foreseen under the current deal.The bill gives legal effect to any agreed transition period and fulfils requirements on the rights of EU citizens in the UK after Brexit. It will also allow ministers to make "divorce payments" to the EU foreseen under the current deal.
MPs will be able to vote on amendments - changes or add-ons - to the bill.MPs will be able to vote on amendments - changes or add-ons - to the bill.
If the government cannot get the bill through Parliament the default legal position is that the UK cannot ratify the deal, and so would leave on 31 October without a deal. However, that is dependent on no extension beyond that date having been already agreed with the EU.If the government cannot get the bill through Parliament the default legal position is that the UK cannot ratify the deal, and so would leave on 31 October without a deal. However, that is dependent on no extension beyond that date having been already agreed with the EU.
Why did the PM ask for an extension?Why did the PM ask for an extension?
Having reached a new Brexit deal with the EU last week, the prime minister had intended to bring it to Parliament on Saturday and to ask MPs to approve it in a so-called "meaningful vote". Passing the Letwin amendment meant the Benn Act was triggered because Parliament had no approved a deal - or approved no-deal - by the law's 19 October deadline.
However, instead of voting on the deal itself, MPs instead voted in favour of an amendment - tabled by former Tory MP Sir Oliver Letwin - withholding approval of the deal until the legislation to implement it had been passed. That meant Mr Johnson had to send an extension request to Brussels, which he did, but left it unsigned - and accompanied it with a second, signed letter which said he believed a delay would be a mistake.
That triggered the Benn Act which required Mr Johnson to send a letter to Brussels requesting a delay to the UK's departure.
He did that, but left it unsigned - and accompanied it with a second, signed letter which said he believed a delay would be a mistake.
On Sunday, ministers insisted the government believed it still had sufficient support in the Commons to pass the deal and remained committed to a 31 October departure.On Sunday, ministers insisted the government believed it still had sufficient support in the Commons to pass the deal and remained committed to a 31 October departure.
The Cabinet Office, meanwhile, has triggered Operation Yellowhammer - its contingency plan to handle a no-deal Brexit - because it said there was no guarantee the EU would grant an extension.The Cabinet Office, meanwhile, has triggered Operation Yellowhammer - its contingency plan to handle a no-deal Brexit - because it said there was no guarantee the EU would grant an extension.
What is happening in the courts?What is happening in the courts?
Scotland's highest court will consider whether Mr Johnson has fully complied with the law in his correspondence with Brussels.Scotland's highest court will consider whether Mr Johnson has fully complied with the law in his correspondence with Brussels.
The Court of Session will be asked to decide whether, in sending contradictory letters, the prime minister broke a promise not to "frustrate" the so-called Benn Act.The Court of Session will be asked to decide whether, in sending contradictory letters, the prime minister broke a promise not to "frustrate" the so-called Benn Act.
The government maintains it has fulfilled its legal obligations.The government maintains it has fulfilled its legal obligations.
What does the opposition say?
Labour, the SNP, Lib Dems and others roundly criticised Mr Johnson's decision to send two letters to the EU, calling it "childlike" and "petulant". They also suggested he may have broken the law - or at least tried to "frustrate" it.
On the deal itself, shadow Brexit secretary Sir Keir Starmer told the BBC's Andrew Marr that Labour would seek to make changes to it, in particular backing an amendment requiring it to be put to another referendum - up against Remain.
Labour had planned to vote against Boris Johnson's deal, arguing it would be bad for the economy, jobs, workers' rights and other areas such as the environment.
Sir Keir said the party would push for other changes when the bill was brought to Parliament, for example by demanding a UK-wide customs union with the EU and single market alignment, and ensuring there could not be a no-deal "trapdoor" at the end of the transition period if no free-trade agreement was reached with the EU.