The Daily Telegraph

‘A vote would give moral authority’

A big day for Democracy

- Amy Gibbons

A fresh Brexit deal to address a bitter dispute over the Northern Ireland Protocol is expected to surface today. Dominic Raab has declined to guarantee that MPS will get to vote on the agreement. Mark Francois, chairman of the European Research Group (ERG), has said it would be “incredibly unwise” for the Government to try to “bludgeon this through the Commons”. Q

Does there have to be a vote?

A

There is no legal requiremen­t for the Government to call a vote on Mr Sunak’s Brexit deal unless the UK and EU have agreed a new treaty, which is unlikely.

An agreement could be written into law using secondary legislatio­n that does not require a vote of the whole House. Parliament has given ministers the power to do this in primary legislatio­n, such as the EU Withdrawal Act 2018.

Most secondary legislatio­n made by ministers does not have to be approved by Parliament but the most significan­t pieces are subject to “affirmativ­e procedure”, which means a committee in each House has to meet and consider it. Q

Could ministers call a vote anyway?

A The Government may still give MPS a chance to have their say. It could achieve this by scheduling a statement to the Commons, followed at some point by an opportunit­y for a debate on an unamendabl­e motion framed “in neutral terms”.

MPS could have a vote at the end of the debate, but it would not carry any legal weight.

The Government could commit to treat this as a politicall­y binding motion – for example, by saying it would not go ahead with Mr Sunak’s deal if MPS voted down the motion. But while ministers would face the wrath of the Commons if they reneged on such a pledge, there would be nothing legally preventing them. Tory backbenche­r Peter Bone, a prominent Brexiteer, said: “They may technicall­y not need to call a vote because of the law, but they absolutely have to call a vote for democratic reasons and to get moral authority over it.” Q

Is there actually a chance that the deal could be voted down?

A Regardless of whether the Government manages to get the ERG and Democratic Unionist Party (DUP) on board, there is little chance of Mr Sunak’s deal being defeated in the House of Commons.

This is because Labour has signalled that it would be prepared to back the agreement, giving No10 the support to see it through. Q

Can Brexiteers force a vote if the Government doesn’t call one?

A Technicall­y, hardline Brexiteers could still find a way to have their say in the Commons if ministers deny them a vote on the new deal.

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