Saturday’s vote to decide Brexit is set to be delayed, after an extraordinary procedural move by MPs who fear the UK could still crash out of the EU without a deal.
An amendment to Boris Johnson’s motion – intended to be the ‘meaningful vote’ he craves – would withhold approval until the full legislation to implement the deal is put into law.
But the practical impact of the amendment passing would be to render the vote essentially meaningless, making it likely it would be pulled together.
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The respected Institute for Government said MPs would only have “considered the matter” and not approved the deal.
With Labour expected to back the amendment, tabled by exiled Tory Oliver Letwin, it seems almost certain to pass if selected by John Bercow on Saturday morning.
The drama came as the result of the vote – if it is held – remained on a knife-edge, with No 10 buoyed by winning over some Labour rebels while whittling down opposition in its own ranks.
Up to nine Labour MPs are now expected to vote with the Conservatives, after Ronnie Campbell, Sarah Champion and Melanie Onn – who all represent Leave-backing seats – spoke out.
With at least 12 Tory opponents of Theresa May’s deal announcing they would swing behind the prime minister’s reworked version, his chances of victory were growing.
Labour was locked in a civil war over the punishment to be meted out to its rebels, with Momentum founder Jon Lansman demanding they be expelled, while Jeremy Corbyn insisted they would not.
The amendment has been tabled to close a loophole in the Benn Act, designed to ensure Mr Johnson must seek to delay Brexit if a deal has not been approved by 11pm on Saturday.
As it stands, it would allow the prime minister to escape the commitment if the vote passed tomorrow, even though a full bill is also needed – leaving open the risk of a crash-out on 31 October, if that bill failed to pass.
A furious government source described the amendment as something that “looks as reasonable as possible, but is designed to frustrate the process”.
Joe Owen, Brexit programme director at the Institute for Government, told The Independent: “If the Letwin amendment passes, MPs will only have considered the matter, they will not have approved the deal.”
Crucially, because the Benn Act has not been satisfied, Mr Johnson would have to request an Article 50 extension – breaking his pledge to lie “dead in a ditch” rather than do so.
It is also possible that Mr Johnson would be barred from another attempt to stage a ‘meaningful vote’, forcing him to move directly to the weighty withdrawal agreement bill.
There are certain to be a blizzard of amendments, including for a Final Say referendum, and the bill will take several weeks to pass, going beyond the 31 October scheduled departure date.
But Sir Oliver played down the implications of his amendment, insisting MPs would still have the opportunity to “show in principle they are in favour” of the deal – which he himself supports.
He described it as an “insurance policy which means, if something goes wrong with the legislation, then we ensure the country will still be in the EU after 31 October”.
The government source insisted the vote would still go ahead, even if the amendment succeeds and it can no longer approve the deal.
