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Brexit: MPs debate Queen's speech as UK awaits EU's extension decision - live news Brexit: MPs debate Queen's speech as UK awaits EU's extension decision - live news
(32 minutes later)
The next president of the European Commission, Ursula von der Leyen has said Boris Johnson will need to nominate a candidate for EU commissioner to serve in Brussels if Brexit is delayed beyond 31 October. Tony Lloyd, Labour’s shadow Northern Ireland secretary, has issued a statement on the confusion surrounding the Northern Ireland/Ireland protocol.
“There might be an extension and the UK will still be in the EU. Then of course I would ask the UK to send a commissioner”, Von der Leyen told reporters when asked about the repercussions of the UK staying in the EU beyond the end of the month. The government is in complete disarray about the impact of its sell-out Brexit deal on Northern Ireland.
The Brexit Secretary says there will be border checks, the Prime Minister claims there won’t be, and the Home Secretary cannot say for sure one way or the other.
Boris Johnson should come to Parliament at the earliest opportunity to clarify the government’s position and apologise for misleading MPs about the consequences of his Brexit deal on trade within the UK.
Earlier today the DUP’s Nigel Dodds criticised Brexit secretary Steve Barclay for describing the checks envisaged on exports between Northern Ireland and Britain as “administrative processes”, when in reality they were export declarations that would have to be checked.
The next president of the European commission, Ursula von der Leyen, has said Boris Johnson will need to nominate a candidate for EU commissioner to serve in Brussels if Brexit is delayed beyond 31 October.
“There might be an extension and the UK will still be in the EU. Then of course I would ask the UK to send a commissioner,” Von der Leyen told reporters when asked about the repercussions of the UK staying in the EU beyond the end of the month.
The prime minister has refused to pick a replacement for Sir Julian King, a Briton who is Jean-Claude Juncker’s security commissioner. The home secretary Priti Patel has admitted this week to a select committee that she had yet to meet or talk to King.The prime minister has refused to pick a replacement for Sir Julian King, a Briton who is Jean-Claude Juncker’s security commissioner. The home secretary Priti Patel has admitted this week to a select committee that she had yet to meet or talk to King.
Should Johnson fail to nominate a commissioner the UK would be in infringement of EU law. Should Johnson fail to nominate a commissioner, the UK would be in infringement of EU law.
Article 17 (5) TEU of the Lisbon Treaty removed the obligation for each member state to be represented in the commission. It stated that any commission must have members from at least two thirds of EU countries. But before the treaty came into force the member states reverted to insisting that any commission must have a member from every EU country. This was made legally binding in 2013. Article 17 (5) TEU of the Lisbon treaty removed the obligation for each member state to be represented in the commission. It stated that any commission must have members from at least two thirds of EU countries. But before the treaty came into force the member states reverted to insisting that any commission must have a member from every EU country. This was made legally binding in 2013.
A derogation for the UK could be given under Article 17 (5) TEU. This would require the consent of all 28 member states which includes the UK. A derogation for the UK could be given under Article 17 (5) TEU. This would require the consent of all 28 member states, including the UK.
The Guardian’s political editor, Heather Stewart, has this useful guide to what the prime minister’s options are now.The Guardian’s political editor, Heather Stewart, has this useful guide to what the prime minister’s options are now.
Brexit 'do or die': what are Boris Johnson's options now?Brexit 'do or die': what are Boris Johnson's options now?
And here’s a quick guide – by our political correspondent Kate Proctor – to how Boris Johnson could get a general election before January.And here’s a quick guide – by our political correspondent Kate Proctor – to how Boris Johnson could get a general election before January.
Boris Johnson has three options to try and call a general election. Under the Fixed-term Parliaments Act 2011, an election may be called if it is agreed by two-thirds of the total number of MPs. Johnson presented motions for an election on 4 and 9 September and failed on both occasions when the majority of Labour MPs abstained. Johnson could try this again and potentially secure Labour backing, because the Benn act has removed the imminent possibility of a no-deal Brexit.Boris Johnson has three options to try and call a general election. Under the Fixed-term Parliaments Act 2011, an election may be called if it is agreed by two-thirds of the total number of MPs. Johnson presented motions for an election on 4 and 9 September and failed on both occasions when the majority of Labour MPs abstained. Johnson could try this again and potentially secure Labour backing, because the Benn act has removed the imminent possibility of a no-deal Brexit.
This lowers the threshold of MPs needed to trigger a general election because it requires a simple majority to pass. This could work in Johnson’s favour. However, it is amendable, which can involve the moving of an election date to a time that works for the opposition. This lowers the threshold of MPs needed to trigger a general election because it requires a simple majority to pass. This could work in Johnson’s favour. However, it is amendable, which can involve the moving of an election date to a time that works for the opposition. 
The leader of the opposition, Jeremy Corbyn, can call a no-confidence motion in the prime minister. This needs a simple majority to pass. He has been urged to do this by Johnson several times as a way of triggering an election, but Corbyn has resisted. It begins a 14-day period in which either the prime minister or someone else can try to form a new government. While Johnson could potentially lose this, and therefore his place as prime minister, to another Conservative, Corbyn could also struggle to get enough MPs to rally around him to form a government. The Scottish National party has said it would back him, but the Liberal Democrats have been extremely vocal in saying they would not support him. An election is triggered if, at the end of the two-week period, no alternative government has been formed.The leader of the opposition, Jeremy Corbyn, can call a no-confidence motion in the prime minister. This needs a simple majority to pass. He has been urged to do this by Johnson several times as a way of triggering an election, but Corbyn has resisted. It begins a 14-day period in which either the prime minister or someone else can try to form a new government. While Johnson could potentially lose this, and therefore his place as prime minister, to another Conservative, Corbyn could also struggle to get enough MPs to rally around him to form a government. The Scottish National party has said it would back him, but the Liberal Democrats have been extremely vocal in saying they would not support him. An election is triggered if, at the end of the two-week period, no alternative government has been formed.
Kate Proctor Political correspondentKate Proctor Political correspondent
The Queen’s speech debate is ongoing. The speaker selected two amendments for debate. See below.The Queen’s speech debate is ongoing. The speaker selected two amendments for debate. See below.
The Speaker has selected two amendments to the Queen's Speech: Amendment (g) in the name of @jeremycorbyn and Amendment (h) in the name of @IanBlackfordMP. For more information see today's Order Paper: https://t.co/zELIj8rNiy pic.twitter.com/p9pnorxvFbThe Speaker has selected two amendments to the Queen's Speech: Amendment (g) in the name of @jeremycorbyn and Amendment (h) in the name of @IanBlackfordMP. For more information see today's Order Paper: https://t.co/zELIj8rNiy pic.twitter.com/p9pnorxvFb
He did not select the Lib Dem amendment that called for a second EU referendum.He did not select the Lib Dem amendment that called for a second EU referendum.
Speaker has not selected the People’s Vote amendment https://t.co/SSxhlsZoBuSpeaker has not selected the People’s Vote amendment https://t.co/SSxhlsZoBu
From the BBC’s Adam Fleming:From the BBC’s Adam Fleming:
EU27 ambassadors meeting to discuss #Brexit extension pencilled in for 1000 Brussels time tomorrow.EU27 ambassadors meeting to discuss #Brexit extension pencilled in for 1000 Brussels time tomorrow.
And from ITV’s Paul Brand:And from ITV’s Paul Brand:
Understand no further meetings planned today between Labour and No 10. Labour source says No 10 has to make its mind up about what it’s doing first.Understand no further meetings planned today between Labour and No 10. Labour source says No 10 has to make its mind up about what it’s doing first.
A meeting of the political cabinet – without civil servants – will take place at 3pm on Thursday.A meeting of the political cabinet – without civil servants – will take place at 3pm on Thursday.
Political Cabinet confirmed for 3pm. This means a discussion at least about trying to force a general election, and possibly a decision to do it/not do it yet.Political Cabinet confirmed for 3pm. This means a discussion at least about trying to force a general election, and possibly a decision to do it/not do it yet.
It’s Frances Perraudin here, taking over from Ben Quinn for the afternoon.It’s Frances Perraudin here, taking over from Ben Quinn for the afternoon.
• Boris Johnson’s cabinet is divided over how to proceed with Brexit, as the prime minister faces the stark choice of pressing ahead with his deal or gambling his premiership on a pre-Christmas general election.After an inconclusive meeting with Jeremy Corbyn on Wednesday morning in an attempt to agree an acceptable timetable for parliament to consider the bill, the prime minister told MPs at Wednesday’s PMQs that he was awaiting the decision of the EU27 over whether to grant an extension before settling his next move. The EU’s decision is unlikely to come before Friday. • Boris Johnson’s cabinet is divided over how to proceed with Brexit as the prime minister faces the choice of pressing ahead with his deal or gambling his premiership on a pre-Christmas general election.After an inconclusive meeting with Jeremy Corbyn on Wednesday morning to try to agree an acceptable timetable for parliament to consider the bill, the prime minister told MPs at Wednesday’s PMQs that he was awaiting the decision of the EU27 over whether to grant an extension before settling his next move. The EU’s decision is unlikely to come before Friday.
• Boris Johnson will be left waiting for the EU’s terms for a further Brexit extension until Friday, with signs of momentum building behind Donald Tusk’s plan for a delay up to 31 January.The French government has privately voiced its concerns about taking the pressure off MPs to vote for the deal, which they believe could be ratified in 15 days, but EU sources said the bloc was seeking a “solution that works for all” and avoids a no deal exit.Tusk, the president of the European council, told Johnson in a phone call on Wednesday his reasons for “recommending the EU27 accept the UK request for an extension”. • Johnson will be left waiting for the EU’s terms for a further Brexit extension until Friday, with signs of momentum building behind Donald Tusk’s plan for a delay up to 31 January.The French government has privately voiced its concerns about taking the pressure off MPs to vote for the deal, which they believe could be ratified in 15 days, but EU sources said the bloc was seeking a “solution that works for all” and avoids a no-deal exit.Tusk, the president of the European council, told Johnson in a phone call on Wednesday his reasons for “recommending the EU27 accept the UK request for an extension”.
• The Liberal Democrat leader Jo Swinson has written to Jeremy Corbyn urging Labour to support her party’s amendment to the Queen’s Speech which would ensure a second Brexit referendum. Swinson tweeted a copy of the letter, which stated: “”I believe we cannot afford to wait any longer if we are going to get a People’s Vote in this Parliament.” • The Liberal Democrat leader, Jo Swinson, has written to Jeremy Corbyn urging Labour to support her party’s amendment to the Queen’s speech which would ensure a second Brexit referendum. Swinson tweeted a copy of the letter, which stated: “I believe we cannot afford to wait any longer if we are going to get a people’s vote in this parliament.”
• Key Brexit legislation has not been included in the Commons business for next week. Commons Leader Jacob Rees-Mogg told MPs the business will include the second reading of the Environment Bill on Monday, the second reading of the Animal Welfare (Sentencing) Bill on Tuesday, a general debate on Grenfell on the Wednesday, and tributes to the Speaker’s chaplain followed by a general debate on children’s services spending on Thursday. The Commons will not sit on Friday November 1, he added. • Key Brexit legislation has not been included in the Commons business for next week. The Commons leader, Jacob Rees-Mogg, told MPs the business will include the second reading of the environment bill on Monday, the second reading of the animal welfare (sentencing) bill on Tuesday, a general debate on the Grenfell Tower fire on Wednesday, and tributes to the Speaker’s chaplain followed by a general debate on children’s services spending on Thursday. The Commons will not sit on Friday 1 November, he added.
• The DUP has angrily chastised the Brexit Secretary, Steve Barclay, in the House of Commons where one of the party’s MPs said that unionists had been the ‘sacrificial lambs’ of the deal between the European Union and the UK.Barclay also referred to comments made by the Prime Minister on Wednesday when he said there would be no checks between Northern Ireland and Great Britain. Responding to this, Barclay said: “It is the case the Prime Minister was distinguishing between the paperwork that is required, which will be done digitally and is a single form, rather than actually introducing physicals checks. • The DUP has angrily chastised the Brexit secretary, Steve Barclay, in the House of Commons, where one of the party’s MPs said unionists had been the ‘sacrificial lambs’ of the deal between the EU and the UK.Barclay also referred to comments made by the prime minister on Wednesday when he said there would be no checks between Northern Ireland and Great Britain. Responding to this, Barclay said: “It is the case the prime minister was distinguishing between the paperwork that is required, which will be done digitally and is a single form, rather than actually introducing physicals checks.”
The shadow chancellor, John McDonnell, is speaking in the debate on the Queen’s speech, which he describes as little more than a crude election stunt.The shadow chancellor, John McDonnell, is speaking in the debate on the Queen’s speech, which he describes as little more than a crude election stunt.
He says the reality is that after almost a decade of harsh and brutal austerity, a few cynical attempts to paper over the cracks in the NHS and elsewhere go nowhere near making a difference.He says the reality is that after almost a decade of harsh and brutal austerity, a few cynical attempts to paper over the cracks in the NHS and elsewhere go nowhere near making a difference.
On Brexit, the FT’s Jim Pickard tweets:On Brexit, the FT’s Jim Pickard tweets:
McDonnell in Commons:“Both main parties committed in their last manifestos to respecting the outcome of the referendum. And we do. And we will. “However as it made clear on Tuesday, this House will not be bounced into an unrealistic and unfeasible timetable for...legislation”McDonnell in Commons:“Both main parties committed in their last manifestos to respecting the outcome of the referendum. And we do. And we will. “However as it made clear on Tuesday, this House will not be bounced into an unrealistic and unfeasible timetable for...legislation”
Much hilarity and some outrage has ensued as a result of reported comments from Jeremy Corbyn’s chief of staff, Karie Murphy, at a town hall meeting of Labour staff that, “anyone who knows Jeremy knows he loves to go on the train to obscure places like the south-west or Orkney”.Much hilarity and some outrage has ensued as a result of reported comments from Jeremy Corbyn’s chief of staff, Karie Murphy, at a town hall meeting of Labour staff that, “anyone who knows Jeremy knows he loves to go on the train to obscure places like the south-west or Orkney”.
ScotRail, more used to getting pelters on Twitter because of late-running, overcrowded trains, is now enjoying much praise for maintaining a secret under-sea train line to the Orkney Islands, 10 miles from the Scottish mainland, apparently only for use by the Labour leader.ScotRail, more used to getting pelters on Twitter because of late-running, overcrowded trains, is now enjoying much praise for maintaining a secret under-sea train line to the Orkney Islands, 10 miles from the Scottish mainland, apparently only for use by the Labour leader.
At least he’ll get a seat.At least he’ll get a seat.
Residents of the south-west, which has a population of more than 5 million people, were likewise surprised to learn that they were considered obscure. Geography, it’s a tricky subject.Residents of the south-west, which has a population of more than 5 million people, were likewise surprised to learn that they were considered obscure. Geography, it’s a tricky subject.
that tunnel is supposed to be secret!that tunnel is supposed to be secret!
The Labour backbencher, Lucy Powell, has said that it would be better to put the Brexit bill through parliament before an election, but if MPs “can’t resolve” it, then there should be an election.The Labour backbencher, Lucy Powell, has said that it would be better to put the Brexit bill through parliament before an election, but if MPs “can’t resolve” it, then there should be an election.
Speaking on Politics Live, she also hit out at the Liberal Democrat leader, Jo Swinson, who has written to Jeremy Corbyn to seek Labour support for a second referendum amendment.Speaking on Politics Live, she also hit out at the Liberal Democrat leader, Jo Swinson, who has written to Jeremy Corbyn to seek Labour support for a second referendum amendment.
Labour MP Lucy Powell calls Lib Dem leader Jo Swinson's call for a second Brexit referendum amendment to the Queen's Speech "pathetic political posturing ahead of a potential general election" https://t.co/VmWn6WSdVe #PoliticsLive pic.twitter.com/DpwTZe7XBDLabour MP Lucy Powell calls Lib Dem leader Jo Swinson's call for a second Brexit referendum amendment to the Queen's Speech "pathetic political posturing ahead of a potential general election" https://t.co/VmWn6WSdVe #PoliticsLive pic.twitter.com/DpwTZe7XBD
I’ve just come back from the twice-daily lobby briefing, with the PM’s official spokesman.
He offered little in the way of defence of Johnson’s refusal to attend this morning’s planned appearance before the House of Commons liaison committee, which infuriated its chair, Sarah Wollaston.
Seriously concerned about the example that has been set by the PM (& his Chief of Staff Cummings who was found in contempt for refusing to face scrutiny). Select Committees cannot hold the powerful to account if they refuse to come or unreasonably delay
Asked what Johnson was doing that was so important, he said: “Throughout the course of the morning the PM has been holding meetings with members of his team and with members of his cabinet,” adding, “since taking office he has spent 14 hours at the dispatch box taking questions from colleagues across the house”.
That has only included two sessions of PMQs, of course – and that belligerent late-night session after the supreme court struck down his prorogation, during which he suggested to MPs the best way to honour their murdered colleague Jo Cox was to “get Brexit done”.
As for whether Johnson will ask parliament to support a general election in the coming days, his spokesman suggested he was awaiting the response of the EU27 to the letter sent on Saturday, requesting a Brexit extension.
And he appeared to concede that the 31 October “do or die” deadline looked out of reach, saying: “That is absolutely what the PM wants to achieve, but at the same time we have to recognise the fact that parliament has handed control of the timetable to the EU.”
Since parliament is not sitting tomorrow, the government would have to lay a motion under the Fixed-term Parliaments Act before the end of today’s sitting if it were to be voted on by MPs on Monday.
Alternatively, they could await the EU’s response, and then table a motion on Monday, with a vote then held on Tuesday.
A PR and lobbying industry body has condemned as “wholly unethical” the hiring of the former Scottish Conservative leader Ruth Davidson by a communications firm while she continues to sit in the Scottish parliament.
Tulchan Communications, which has offices in London and Singapore, announced Davidson’s appointment as a senior adviser on Wednesday.
Francis Ingham, the director general of the Public Relations and Communications Association, which represents more than 30,000 PR practitioners worldwide, said: “It is simply wrong for lobbying agencies to employ legislators.
“The possible conflict of interest in doing so is clear and damages the reputation of both our industry and of the political process.”
Read on
The Tory MP, Eddie Hughes, asks Rees-Mogg to confirm that, subject to the outcome of a general election, the government will find time to put precisely the same Brexit deal before the House of Commons.
Rees-Mogg replies:
It is impossible to guarantee what might happen after a general election because we don’t know what might be in the various manifestos and we don’t know what a new parliament will decide to do.
The deal as it currently stands has its second reading. If there were to be an election of course any deals that haven’t completed their passage fall, so there can be no guarantees of that kind.
The Liberal Democrat leader, Jo Swinson, has written to Jeremy Corbyn urging Labour to support her party’s amendment to the Queen’s speech that would, if passed, ensure a second Brexit referendum.
I've written to Jeremy Corbyn asking him to back our People's Vote amendment to the Queen's Speech in Parliament today. @LibDems will always believe our best place is in the EU and we will always campaign to Remain. pic.twitter.com/nsBXvAS77d
Responding to a question about whether the UK would still be leaving the EU on 31 October, Jacob Rees-Mogg said that this was still the date set in law.
“We do not know what the European Union will do … and you know that the request for an extension is not the prime minster’s request. It is is the request of the Benn act,” he added.
“Her Majesty’s government does not want an extension and it is making every preparation to leave on the 31 October.”
As to a question about what happened to the withdrawal agreement bill - not included in next week’s business, for now - Rees-Mogg quotes the fictional regency fop Percy Blakeney (with a slight twist):
They seek it here, they seek it there.
Those parliamentarians seek it everywhere. Is it in heaven? is it in hell? That damned elusive Brexit bill..
Jacob Rees-Mogg responds to questions about lack of Brexit business next week:"I think the answer lies with Sir Percy Blakeney: They seek it here, they seek it there, those parliamentarians seek it everywhere. Is it in heaven? Or is it in hell? That damned elusive Brexit bill." pic.twitter.com/dsZdCM7bTR
It’s tweets at dawn between the Conservative party’s press office and the former chancellor turned Evening Standard editor, George Osborne.
It comes after the Standard carried a piece stating that “Conservative chiefs” had sparked a fake news row by claiming that the Brexit deal had already “passed” parliament. CCHQ press office claims this is simply not true.
Osborne replies today:
I think you’ll find the team @EveningStandard know the difference between a bill passing its second reading in the Commons and a bill passing Parliament. I know it’s been a while since the latter happened, but I’m happy to come in and explain how it’s done https://t.co/EiwcaYIGnD
There’s no mention of the withdrawal agreement bill in the House of Commons business for next week – which has just been read out by the leader of the house, Jacob Rees-Mogg.
There’s also no mention of the Fixed-term Parliaments Act however. So, no election vote for now … unless there’s an emergency statement later on.
Business as usual... https://t.co/quIfAga9cv
Rees-Mogg told MPs the business will include the second reading of the environment bill on Monday, the second reading of the animal welfare (sentencing) bill on Tuesday, a general debate on Grenfell on Wednesday, and tributes to the Speaker’s chaplain followed by a general debate on children’s services spending on Thursday.
The Commons will not sit on Friday 1 November, he added.
The European Union (withdrawal agreement) bill is currently in limbo after MPs rejected the government’s attempt to fast-track it through the Commons.
The Labour MP Owen Smith says that peace and prosperity in Northern Ireland is far too important to be taken for granted by what he describes as the “obfuscation” exhibited by Barclay.
He seeks a response to concerns that consumer prices could go up in Northern Ireland as a result of the protocols and that trade would be hit.
Brandishing what would appear to be a copy of the type of form that would need to be completed as part of the checks on exports, Barclay replies: “I don’t think it helps the debate to describe what is a fairly simple form as putting our future trade with Northern Ireland in jeopardy.”
The Labour MP, Steve Doughty, wants to know if UK Border Force officials will be involved in any way at any stage in the checks on exports between Northern Ireland and Britain.
It’s not quite clear if Barclay gives a “yes” or a ”no”. “We will have sovereign control over that as a sovereign country,” he says.
The Scottish Liberal Democrat MP, Alistair Carmichael, has reminded Barclay of comments made by the then Scottish Tory leader, Ruth Davidson, in a letter to Downing Street last year, which said:
We could not support any deal that creates a border of any kind in the Irish Sea and undermines the union or leads to Northern Ireland having a different relationship with the EU than the rest of the UK, beyond what currently exists.
This letter was described by a senior Tory as “an article of faith”, adds Carmichael, who asks what has changed.
Barclay replies:
What has shaped these arrangements is that there are unique circumstances in Northern Ireland and that does require unique solutions. There are already unique circumstances pertaining to the Belfast agreement.
There is more anger from the DUP benches, with David Simpson asking Barclay if unionists were the “sacrificial lamb” that had to be made in order to reach a deal with the EU.
Barclay says he “doesn’t recognise this characterisation”.