‘Constitutional crisis’ warning on Brexit

POLITICS: Brexit Secretary David Davis has been warned about a looming “constitutional crisis” after he confirmed that MPs will be able to amend the Government’s motion on the final EU withdrawal agreement.

BREXIT SECRETARY David Davis has been warned of a “constitutional crisis”, after he confirmed that MPs will be able to amend the Government’s motion on the final EU withdrawal agreement.

He said the motion this autumn – previously described by Prime Minister Theresa May as a “take it or leave it” choice – will relate to a political agreement with Brussels, rather than a full legal treaty.

But he told the House of Commons Exiting the EU Committee it remains the Government’s intention to have a treaty ready for signing immediately after the formal date of Brexit on March 29, 2019.

The confirmation that the Government’s motion will be amendable opens the door to opponents of Brexit seeking to force a vote on a second referendum.

Labour’s Stephen Kinnock asked what the Government would do if Parliament told Ministers to go back and renegotiate the deal. East Yorkshire MP Mr Davis 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? And surely it’s the responsibility of the Government to have scenarios in mind so that it is ready to respond when the House does vote?”

Mr Davis played down suggestions that the Government’s proposals for the Irish border had run into the sand.

Reports last week suggested that Brussels had dismissed as unworkable both of the options put forward by London, which would either see the UK collect customs tariffs on behalf of the EU or use technology to avoid delays at the border.

Mr Davis rejected committee chairman Hilary Benn’s suggestion that the UK solutions had been “emphatically” ruled out by Brussels. He restated Government promises of a “meaningful vote” on the final deal, but confirmed that MPs and peers are likely at that stage to be presented with “a political declaration rather than a treaty draft”.

Asked by Leeds MP Mr Benn whether the motion would be amendable, the Brexit Secretary replied: “If you can tell me how to write an unamendable motion, I will take a tutorial.” Pressed on whether Ministers will regard the outcome as binding, Mr Davis said: “If the House rejects the proposed negotiation, that negotiation will fall.”

Further votes could then be expected on any treaties which emerge from the process, which could include a separate pact on security and defence as well as the main agreement on economic relations, he said.

Theresa May’s official spokesman later said it remained the Government’s position that MPs will be offered a “take it or leave it” vote on the Brexit deal.

He said: “We have been clear that this is a vote either to accept the deal or reject it.”

The Government also suffered another heavy defeat in the Lords over flagship Brexit legislation as peers backed stricter controls on Ministerial regulation-making powers.

Voting was 349 to 221, majority 128, for a cross-party amendment to the European Union (Withdrawal) Bill.

It was the sixth defeat inflicted by peers since the Bill’s report stage began just a week ago.

This time the issue was socalled Henry VIII powers, which allow Ministers to amend EU rules and regulations when they are transferred on to the UK statute book post-Brexit with what critics claim is little parliamentary scrutiny.

Surely you must appreciate the risk of a constitutional crisis? Labour committee member Stephen Kinnock’s question for Brexit Secretary David Davis.