Davis in warning of constitutional crisis

MPS could send ministers back to Brussels to renegotiate the final deal if they do not like it, the Brexit Secretary admitted, writes Gareth Mcpherson.

David Davis said the government motion on the UK-EU agreement could be amended. This appears to contradict statements from Theresa May that it would be a “take it or leave it” choice.

Appearing before a Commons committee, he warned that this paves the way for a “constitutional crisis” .

The Conservative MP also said he believed Westminster would get behind its policy on leaving the customs union, despite widespread support to stay in the tariff-free zone.

Labour committee member Stephen Kinnock asked what the government would do if Parliament told ministers to go back and renegotiate the deal.

“To be clear, if the House amends the motion and instructs the government to go back to Brussels and negotiate a different deal to the one that was put before us, the government would respect the will of the House and go back to Brussels to do that?” he asked.

Mr Davis did not rule out the possibility, but questioned how much “force” the government would have in negotiations if it was “sent back with its tail between its legs by Parliament”.

He told the committee: “I’m not going to speculate on amendments that have not even yet been laid, let alone been passed by the House.”

Mr Kinnock responded: “Surely you must appreciate the risk of us heading towards a constitutional crisis here?

Leaving the customs union – and adopting a bespoke deal over duties, taxes and border checks – is a major goal of Brexiteers. It would give the UK more freedom to strike major trade deals with other countries, such as the US.

MPS will hold a non-binding vote on the policy today after the Lords voted for some form of future customs union.

Mr Davis said he expects the Commons to “uphold” the UK Government position of leaving the customs union and entering into “arrangements” that protect British trade with the Continent.

At Prime Minister’s Questions, SNP Westminster leader Ian Blackford accused Mrs May of siding with “cynical Brexiteers” with her refusal to pursue a customs union with the European Union.

The PM said that Brits “voted to leave the single market and customs union”.

If David Davis had hoped to inspire confidence during his appearance before the House of Commons Exiting the EU Committee, he failed, and not for the first time. The formerly-suave Brexit Secretary is looking increasingly ruffled as he seeks to meet the looming — self-imposed — March 29 deadline for political agreement with the EU.

The government will bring its envisaged final deal before MPS in the autumn.

As with so much, there is no clarity around what will happen should its passage fail to be smooth.

Mr Davis insists to make public contingency plans would weaken his negotiating hand. It is a familiar refrain.

As the cut-off looms, each assurance that Brexit is going according to plan sounds slightly less substantial and more desperate.

It becomes harder to take Mr Davis on faith with the Scottish Government still digging in its heels over devolved powers and the Irish border situation no closer to being resolved.

Mr Davis insists the government is not “winging it” over Brexit and, of course, there must be some ability to accommodate the fluid situation.

However, the government will very soon have to stop firefighting and settle conflicting positions.

That it has yet to do so is a damning indictment of a flawed process and no amount of assurance from Mr Davis will change that.

Picture: PA. Brexit Secretary David Davis addressing the committee yesterday.