Closing summary
That’s all from us for this evening. Thanks for reading and commenting. For a summary of the day’s major events, click here.
And, if you’d like to read more on the Brexit negotiations between the government and the opposition, my colleagues Rowena Mason and Heather Stewart have the story:
The elements have not been kind to candidates and party activists in south Wales as voting in the Newport West by-election nears its conclusion.
These tweets from Labour supporters summed it up – monsoon rain, biblical hail. Union-branded raincoats and brollies.
We’ve campaigned through a Monsoon, Biblical hail and sunny Skies in Newport today on the #LabourDoorstep for @RuthNewportWest.
— GMB Wales & S West (@GMBWSW) April 4, 2019
If you can spare an hour or two come join us and experience Newport’s a Wild weather 🌨🌧☀️ pic.twitter.com/ZgrEHqeYY9
Now out campaigning in #NewportWestByElection for our fantastic candidate @RuthNewportWest such a great response on the door for Ruth. Note my @unisontweets brolly and @GMBPolitics waterproof coat 😁👍🌹#StandingUpForNewportWest @WelshLabour @nptwestlab pic.twitter.com/1kLl7ZxgX9
— Angela Rayner (@AngelaRayner) April 4, 2019
There has been concern among the two main parties here – Labour and the Tories – that turnout may be low, reflecting many people’s frustration with politics. And the icy blast will not help.
Newport West has long been a Labour stronghold and was held by the veteran MP, Paul Flynn, for 32 years until his death in February. At the 2017 election, Flynn’s majority over the Tories was 5,658. In 1997, Flynn had a 14,357 majority.
During the campaign, neither Labour nor the Tories focused on Brexit. The Labour candidate, Ruth Jones, was happier talking about how the introduction of universal credit was hitting citizens and about fear of crime in the city. Tory, Matthew Evans, was keen to make the election more about controversial plans to build a new motorway in Newport than the EU.
The city as a whole voted to leave the EU, with 56% backing Brexit, and some have seen the by-election as a test of how both main political parties had been affected by the crisis in Westminster.
Ukip will be hoping the impasse will lead to their candidate, Welsh assembly member and former Tory MP, Neil Hamilton, having a good night. Ukip has finished third in the last three general elections in Newport West.
Polling stations close at 10pm and we’re expecting the result some time around 2am on Friday. The venue for the count is the Geraint Thomas National Velodrome of Wales. Reporters have been told to watch out for cyclists if they turn up early and not to walk on the track in high heels.
This is a minor victory for the Brexiter filibuster: The Yvette Cooper bill, which would require the PM to request an article 50 extension and avoid a no-deal Brexit, will remain with the Lords until Monday.
Its supporters had wanted to see it fast-tracked through the upper chamber, so that it could become law by the end of today.
As the Labour party notes, however, it will be sent back to the Commons in a “timely fashion”, meaning the delay could yet turn out to have little material effect on the outcome.
BREAKING: Govt Chief Whip announces that following internal discussions, #CooperLetwinBill will have 2nd Reading later tonight, with remaining stages taking place on Monday (8th April) in 'timely fashion' to allow Commons to consider any Lords amendts
— LabourLordsUK (@LabourLordsUK) April 4, 2019
Updated
This could be a major development: Downing Street appears ready to countenance a confirmatory referendum.
Earlier in the day, there were conflicting messages on the issue coming from members of the cabinet (see: 9.08am) – even among those known to privately favour remain. The chancellor, Philip Hammond, appeared to be open to the idea, while the health secretary, Matt Hancock, was unequivocally against it.
NEW - hearing meeting of cabinet ministers in Downing St has broken up; and a letter is now being drafted to Labour, setting out the position after two days of talks.
— Heather Stewart (@GuardianHeather) April 4, 2019
Have been told it's likely to include the idea that a confirmatory referendum should be one option put to MPs.
Also hearing a letter to Donald Tusk requesting an Article 50 extension is in production - but there's a cabinet barney going on about how long a delay the PM should ask for.
— Heather Stewart (@GuardianHeather) April 4, 2019
Here’s the snap verdict on the Varadkar-Merkel presser from the Guardian’s Brexit correspondent, Lisa O’Carroll:
My snap verdict.
— lisa o'carroll (@lisaocarroll) April 4, 2019
1. Leo not ever going to fall into political trap of talking about no deal and Irish border checks.
2. Again says solution depends on UK in no deal
3. But. UK already said won't be checks on border so pressure is on EU/Ire. Subtext = not if they are in Irish sea
The Tories’ deputy chairman, James Cleverly, has been appointed a Brexit minister; one of a host of junior ministerial appointments just announced by Number 10.
The Queen has been pleased to approve the following appointments:
- Justin Tomlinson MP to be a minister of state at the Department for Work and Pensions.
- James Cleverly MP to be a parliamentary under secretary of state at the Department for Exiting the European Union.
- Seema Kennedy MP to be a parliamentary under secretary of state at the Department of Health and Social Care.
- Andrew Stephenson MP to be a parliamentary under secretary of state at the Department for Business, Energy and Industrial Strategy.
- Will Quince MP to be a parliamentary under secretary of state at the Department for Work and Pensions.
- Kevin Foster MP to be a parliamentary under secretary of state (unpaid) at the Wales Office and an assistant government whip (paid). He will also be a parliamentary secretary (unpaid) at the Cabinet Office while Chloe Smith MP is on maternity leave.
Afternoon summary
- Angela Merkel, the German chancellor, and Leo Varadkar, the Irish prime minister, have both stressed that Theresa May will need to be able to explain to EU leaders next week why they should agree to extend article 50 again. At a joint press conference in Dublin Varadkar said:
Matters continue to play out in London and I think we need to be patient and understanding of the predicament that they are in. But of course, any further extension must require and must have a credible and realistic way forward.
And Merkel said:
We do hope that the intensive discussions that are ongoing in London will lead to a situation by next Wednesday, when we have a special council meeting, where Prime Minister Theresa May will have something to table to us on the basis of which we can continue to talk.
We want to stand together as 27. Until the very last hour - I can say this from the German side - we will do everything in order to prevent a no-deal Brexit; Britain crashing out of the European Union.
But we have to do this together with Britain and with their position that they will present to us.
They spoke after talks in London between Labour and the government on a possible Brexit compromise broke up, with both sides being relatively non-committal about progress, but a further meeting planned for tomorrow. (See 5.22pm and 5,28pm.)
- Pro-Brexit peers have been been accused of filibustering in the House of Lords where they have already dragged out for more than six hours a debate on a business motion to allow the fast-tracking of the Yvette Cooper bill requiring the PM to request an article 50 extension. Lord Forsyth, the Tory former cabinet minister, said that ignoring normal rules to expedite legislation in this way was the route to “tyranny”. (See 12.20pm) Peers who support the bill have had to use closure motions, which are normally only used in exceptional circumstances, to speed up proceedings. There have already been 12 votes, all of which supporters of the bill have won very comfortably. Originally it was hoped the bill would clear the Lords tonight, but now there is talk that it may be delayed until Monday. Labour peers are blaming the “ERG in ermine”.
ERG in Ermine filibustering in the Lords to try to thwart Bill passed by the Commons is a contempt of Parliament
— George Foulkes (@GeorgeFoulkes) April 4, 2019
That’s all from me for today.
My colleague Kevin Rawlinson is now taking over.
Updated
Ireland is stepping up its no deal planning with customs officers being station on ferries and at ports from tomorrow.
“Customs Officers will be talking with truck drivers as they wait to embark the ferry, and will also be available on-board a number of sailings. Customs Officers are available to help drivers who may have concerns or questions about what they need to do post Brexit, and to help them understand what the changes will be for them as they move through Irish ports,” officials said.
Businesses, as in the UK, have been told that if the export or import to the UK they need to register for customs.
Exporters to the EU, which route their freight through the “UK landbridge” have also been told they “will face new rules and processes under the customs transit procedure”
Q: What assurances can you give there will be no hard border in Ireland?
Varadkar says, if there is a no-deal, whatever challenges Ireland face will be seen as shared challenges with the EU. And they are challenges we are up to, he says.
Merkel says EU leaders know what is at stake, and what needs to be solved. She says she has every confidence in the taoiseach.
And that’s it. The press conference is over.
Merkel says she cannot answer speculative questions about what will happen next.
But she knows there is a vast majority of MPs in the Commons opposed to no-deal.
Q: Do you think the Commons vote last night will increase the hopes of a deal?
Merkel says she is following developments in the UK with great interest.
Last night’s vote was very interesting, she says.
She says she is waiting to see what May offers next week. She hopes that there can be an orderly Brexit.
Varadkar says he thinks the vote was significant. Parliament is sovereign, and if MPs want to rule out no-deal, that is significant.
But he says MPs have looked at 12 options, and rejected them all.
(Actually, the eight indicative votes last week, and the four this week, included duplicate votes, so the total number of options rejected was not quite 12.)
Angela Merkel, the German chancellor, is speaking now.
She says Ireland will be particularly affected by Brexit. She says Germany will stand with Ireland.
It was very moving meeting people who will be affected by changes to the border, she says. She says she understands from her own experience in east Germany the importance of borders.
She says she wants good relations with the UK after Brexit.
The EU will have a lot of common ground with the UK, she says.
She says she hopes that the intensive discussions in London will led to a situation by Wednesday next week where Theresa May will have something to table.
She says she will work to the very last hour to try to stop the UK crashing out.
She says the European elections have complicated this.
Varadkar says UK must offer ‘credible and realistic way forward’ to justify further article 50 extension
Leo Varakdar and Angela Merkel are holding their press conference in Dublin now.
Varadkar, the Irish PM, says as German chancellor Merkel must be seven times as busy as he is. He says he is very grateful to her for coming to Dublin.
He says their talks have focused on Brexit. He thanks Merkel for Germany’s support.
He says at the last EU summit EU leaders agreed to give the UK extra time.
Matters are still playing out in London, he says. He says the EU must be patient. But any proposal from the UK for another extension must involve “a credible and realistic way forward”.
- Varadkar says UK must offer ‘credible and realistic way forward’ to justify further article 50 extension.
And Downing Street has issued its own statement about the talks with Labour. A spokesperson said:
Today both sets of negotiating teams met for four and a half hours of detailed and productive technical talks in the Cabinet Office, supported by the civil service. The government and the opposition hope to meet again tomorrow for further work to find a way forward to deliver on the referendum, mindful of the need to make progress ahead of the forthcoming European council.
A sandwich lunch, with fruit, was served, we have also been told.
The Labour party has issued a short statement about today’s talks with the government on a possible Brexit compromise. A spokesperson said;
Today both sets of negotiating teams met for four and a half hours in the Cabinet Office for detailed technical discussions. These talks are continuing and the teams are planning to meet again.
The Labour team was led by Sir Keir Starmer, the shadow Brexit secretary, and the government team by David Lidington, the Cabinet Office minister.
This is from Leo Varakdar, the Irish prime minister, on Angela Merkel’s visit.
Varadkar and the German chancellor are due to make a press statement at around 5.30pm.
It’s a real privilege to welcome Chancellor Angela Merkel to Ireland today. We’re meeting people from Ireland North and South to hear why we must avoid the return of any hard border and secure an orderly #Brexit pic.twitter.com/22HrwvUpIP
— Leo Varadkar (@LeoVaradkar) April 4, 2019
Sir Oliver Letwin, who passed the original Commons amendment that created time for the Yvette Cooper bill to be passed, is in the House of Lords watching the debate, the BBC’s Alex Partridge reports.
Oliver Letwin, who has been accused of being a shadow prime minister by a number of peers in this debate, is in the Lords to watch proceedings pic.twitter.com/cjpQ1ICZ1K
— Alex Partridge 🚡 (@alexpartridge87) April 4, 2019
As part of her effort to consult with MPs over Brexit, Theresa May agreed to see the Labour MP Rupa Huq, who went to Number 10 to lobby for a second referendum. Huq told May that she would vote for her deal if it were tied to a referendum. She said:
I said that it would be a huge climbdown for me, but I would let her deal go through - and there’s at least 100 like me - if it was subject to a confirmatory referendum.
May told Huq was opposed to the idea, saying the result of the referendum had to be honoured. “I was saying ‘that was three years ago, you need to check’,” Huq said.
Huq said she left the meeting “still not much the wiser” about which of May’s red lines would change in an effort to get a deal through.
This really did happen. My thanks to @10DowningStreet for hosting me to speak up for the 48% and UK’s remain community. Still not much the wiser about what red lines have changed and whether customs union could be inserted but she’s in need of persuasion of #peoplesvote pic.twitter.com/Y6kh4hcyNq
— Rupa Huq MP (@RupaHuq) April 4, 2019
The Brexiter filibustering operation in the House of Lords may be partially succeeding, Sky’s Faisal Islam reports.
NEW: government and Opposition sources acknowledge “peace talks” over Cooper-Letwin passage in Lords which could kick later stages into Monday. Acknowledgement that procedural tactics may have worked in delaying consideration of actual Bill.
— Faisal Islam (@faisalislam) April 4, 2019
Royal Assent still poss Monday tho.
If it did then get Royal Assent on Monday - then PM would have to return Tuesday and by law have to name an extension date she will ask for at EU Summit Wednesday.
— Faisal Islam (@faisalislam) April 4, 2019
Back in the Lords the Ridley closure motion was passed by 224 votes to 80 - a majority of 144.
Peers are now voting on the Ridley amendment itself. This is the 10th vote of the day.
At the weekend Michael Roth, the German deputy foreign minister, described Brexit as a “shitshow”. He may be right metaphorically but thankfully, and despite rumours earlier, this is not quite true yet as a factual description of the predicament at Westminster.
We would like to clarify this was not a sewage leak.
— Commons Press Office (@HoCPress) April 4, 2019
Peers are now voting on a closure motion to end the debate on the Ridley amendment.
Peers have now defeated the Noakes amendment by 234 votes to 106 - a majority of 128.
They are now debating an amendment from Viscount Ridley, a Conservative, again objecting to the fast-track procedure being used for the Cooper bill.
The government/Labour talks aimed at arriving at a Brexit compromise have wrapped up for the day, the BBC’s Laura Kuenssberg reports.
In her statement after cabinet on Wednesday Theresa May said, if she could not strike a deal with Labour, she would hold another series of indicative votes in the Commons. She implied she wanted this wrapped up before the EU summit next Wednesday. But now, according to Kuenssberg it looks as though this might be another Brexit deadline that gets mixed.
Session finished now and nothing's been planned for Monday ,which means no indicative votes then, and senior sources indicating it's more likely PM will go to Brussels next week still in talks with Corbyn, than having had more votes
— Laura Kuenssberg (@bbclaurak) April 4, 2019
Back in the Lords the closure motion has been passed by 229 votes to 77 - a majority of 152.
That is the seventh victory in a row for peers backing the Cooper bill. It is the lowest vote today on the anti-Cooper side - perhaps suggesting a few of the opponents of the bill have had enough for the day.
At a briefing in Brussels earlier Jyrki Katainen, a European commision vice president, said a no-deal Brexit was now highly likely. He declared:
Following the latest developments, a no-deal scenario is highly likely. Let there be no doubt whatsoever a no-deal scenario would be extremely costly and disruptive.
The economic consequences would have a significant impact on the UK and to a lesser extent to the EU.
Violeta Bulc, the transport commissioner, said that the EU had carried out extensive preparations for no-deal and that “these are now all completed for the area of transport.”
But she said the measures could not “mitigate the overall impact” of a no-deal scenario, nor would they compensate for a lack of stakeholder preparedness.
From the BBC’s Laura Kuenssberg
Govt preference seems to be to keep process going with Labour instead of putting more proposals back to the Commons any time soon
— Laura Kuenssberg (@bbclaurak) April 4, 2019
Back in the Lords, peers are voting again - for the seventh time. It is on a closure motion on the Noakes amendment. (See 3.13pm.)
But on the World at One the shadow Treasury minister, Clive Lewis, said he thought the “vast majority” of the parliamentary Labour party favoured a second referendum. There was probably a majority in favour in the shadow cabinet too, he claimed.
Labour said that, even if Theresa May agreed to back Labour’s Brexit plan, it should still be put to the public. He said Labour would not be talking to the government “if there wasn’t the possibility that Labour party policy - which is to take this back to the public on any deal that is agreed by parliament - couldn’t be pursued and enacted.”
In 2017 Lewis resigned from the shadow cabinet so that he could vote against the legislation allowing the government to trigger article 50.
Twenty five Labour MPs urge Corbyn not to agree to second referendum
Twenty five Labour MPs have written a letter to Jeremy Corbyn urging him not to back a second referendum on Brexit. “If the option of a customs union arrangement could be put before parliament, we see a Labour Brexit deal within reach,” they say.
Signatories included veteran backbenchers Sir Kevin Barron, Dennis Skinner and Ronnie Campbell, former minister Caroline Flint and MPs for Leave-voting areas of the North and Midlands including Gloria De Piero, Sarah Champion and Gareth Snell.
The Sun’s Matt Dathan has the text.
NEW: Here's the letter 25 Labour MPs (including frontbenchers) have sent to Jeremy Corbyn urging him to agree a deal with Theresa May - and NOT request a second referendum: pic.twitter.com/q6Zr8dClth
— Matt Dathan (@matt_dathan) April 4, 2019
The letter includes the claim that, in every English region outside London, leaving the EU without a deal is more popular than staying in. But Channel 4 News’ Krishnan Guru-Murthy says this poll has been misrepresented, because it was based on a question that did not include leaving with a deal as an option.
This is the source of the “44% want No Deal” claim. It obviously isn’t that simple. The only choice was No Deal, Remain or Don’t Know in the event of EU refusing extension. So it is NOT true that 44% currently want No Deal https://t.co/VUI0Nz48a5
— Krishnan Guru-Murthy (@krishgm) April 4, 2019
Angela Merkel, the German chancellor, has arrived in Dublin for Brexit talks with Irish premier Leo Varadkar. As the Press Association reports, Merkel was greeted by Mr Varadkar at Farmleigh House. Her visit is viewed as a sign of her solidarity with Ireland as the Brexit saga rumbles on. Their discussions are set to focus on the latest developments from the UK, ahead of the special European Council meeting next week.
]Prior to their sit-down, Merkel will take part in a round-table discussion with 15 people from Northern Ireland and the border area about the impact a no-deal scenario could have on their lives. It will include some victims of violence, as well as farmers and business people.
The Commons has now adjourned for the rest of the day because the leak of water into the chamber.
Peers voted down the True amendment by 248 votes to 122 - a majority of 126.
They are now debating another amendment to the business motion, from the Conservative peer Lady Noakes, saying fast-tracking the Cooper bill is unnecessary because “the prime minister has already indicated her intention to ask for a delay in the date for the United Kingdom to leave the European Union”.
Here’s a question from BTL.
What happens if the EU says no to a further article 50 extension?
The Cooper bill does not say the UK must have an article 50 extension. It just says the prime minister must give MPs the chance to vote for one, and that if they do, the PM must request one. The EU can always say no.
Within government there is a widespread assumption that the EU will grant an extension of some sort (although, if the Austrian foreign minister Karin Kneissl’s comments are anything to go by - see 12.01pm - it could end up being considerably shorter than people expect.)
But if the EU were to refuse an extension on Wednesday evening, the UK would be heading for a no-deal Brexit on Friday 12 April. Theresa May would still be able to avert that revoking article 50 before the deadline. Alternatively, she could try to get the deal through parliament on the Thursday and hope for a last-minute rethink from the EU.
The Cooper bill would not make a no-deal Brexit illegal.
Commons sitting suspended following water leak
The Brexit plotlines are getting ever more preposterous. This is from the Mirror’s Pippa Crerar.
NEW: Commons sitting suspended as torrents of water pour out of chamber roof into press gallery seating below. Pick your apocalyptic Brexit metaphor now. 🌧
— Pippa Crerar (@PippaCrerar) April 4, 2019
Updated
Lord Foulkes, the Labour peer and former minister, has just moved a closure motion (a motion that “the question be now put”) to wrap up the debate on the True amendment.
Under House of Lords rules Lord Fowler, the Lord Speaker, has to read out a spiel saying that a closure motion is a “most exceptional procedure” before allowing the vote. It is effectively a polite reminder to peers, saying that moving closure motions without good reason is an abuse. But it does not work with Foulkes, and he insists on pressing the motion to a vote.
That means this “most exceptional procedure” has now been used three times today already to break the Brexiter filibuster.
Northern Ireland could be left with a milk lake if the EU enforces its regulations about the origin of ingredients in butter and cheese in a no-deal Brexit, it has emerged.
A senior EU official has confirmed that if the UK crashes out of the bloc in nine days time controls will have to be in place on “day one” on milk and other animal products coming from Northern Ireland.
They say it will “be difficult” to say how the giant co-operatives that currently exist on the south of the border could continue to do daily milk collections picking up both milk from farms on both sides of the frontier.
They will also see a 19p EU tariff slapped on the payment they get per litre of milk almost doubling the current 26p per litre cost, warned bosses at Dairy UK.
“If there is no deal next week, it won’t be good whichever way you look at it,” said Mike Johnston, Northern Ireland director of Dairy UK.
It’s a bit like a Thatcher cabinet reunion in the House of Lords this afternoon. As well as Ken Baker (see 2.20pm), Nigel Lawson and Michael Howard have both now spoken in the debate against the moves to fast-track the Yvette Cooper bill.
Lawson did not hold back. He said:
I have served in parliament for 45 years and there has never been an instance of constitutional vandalism on the scale that we are witnessing today, and at the present time more generally.
Lord Baker, the Conservative former cabinet minister, intervened in the Lords debate a few minutes ago to say that closure motions in the Lords were an abuse of procedure. He said:
Curtailment of debate in this House is a very serious matter ... I would just remind [peers[ what JS Mill wrote in On Liberty. He was the one who warned democracy against the tyranny of the majority. He thought that that was the greatest threat to democracy. There is a clear majority on the benches opposite that this bill should pass. This is a minority on this side of the house. And to silence the minority is against very much the principles of ... JS Mill. He would not have approved that at all ...
This is an abuse of majority power power and really this house should not be sanctioning this.
Lord True ended up speaking for about half an hour as he moved his amendment criticising the plan to fast-track the Cooper bill through the upper house. (See 1.57pm.) He argued that freedom was at risk if peers like himself were not allowed to use the full range of procedural options to hold up scrutiny of a bill. He said:
The privilege I have in being [a member of the Lords] is to speak for freedom. And one of the things that defines the freedom of this house are its free procedures, the right of us all to put down an amendment and have it heard, not closed; the right of us all to put down a motion, and have it closed, not waived away. These things may seem small, they may seem arcane to those on the outside, but for me they are a small part of freedom, and I have always wished to live and concluded my life in that.
Scotland’s first minister Nicola Sturgeon has told the Holyrood parliament that she conducted talks with Theresa May yesterday in the spirit of compromise but that “all I really got in return was why she disagreed with me”.
Referring to Wednesday’s emergency meeting, she said that she had had “very constructive talks’ with Jeremy Corbyn but that she had found the prime minister unable to set out where she was willing to compromise.
Quizzed by Scottish Labour leader Richard Leonard about Scotland’s readiness for a no-deal, she said that the Scottish government resilience committee would be meeting this afternoon but warned:
No matter how much planning it will not be possible to mitigate every impact of a no deal Brexit.
She added that she had “broad assurances” from pharmaceutical companies that Scotland does have six weeks’ worth of medicines in storage but that such plans needed to be kept under constant review giving the changing dates of potential exit.
Scottish Liberal Democrat leader Willie Rennie set out his anxiety that a hasty Brexit agreement between Corbyn and May could then be unpicked by a future Brexiteer prime minister: Sturgeon said that this was a concern that she had “expressed strongly” to Corbyn.
She added that, while it wasn’t clear to her which way the Labour party would go on a second referendum, it was “absolutely vital” not to end up with “a cobbled together least worst option” and that whatever compromise was reached must be put back to the people: “I want to see a people’s vote in all circumstances.”
The Lord Forsyth amendment was rejected by 251 votes to 123 - a majority of 128.
Peers are now debating the next amendment to the Hayter business motion, from the Conservative peer Lord True. It says that using a fast-track process to approve the Cooper bill is not “in keeping with the traditions and procedures of the House of Lords, its proper scrutinising role or its function as a safeguard of the constitution”.
True says that the Lords is not fulfilling its proper function if it is just there to say “Yes, sir” to the House of Commons.
He says he is not a great tweeter, but he has been looking at the tweets from Lady Hayter, the Labour deputy leader in the Lords who has proposed the motion to allow the Cooper bill to be fast-tracked. He says that in February she posted a tweet complaining about a suggestion the the Lords should have just 10 days to consider the EU withdrawal agreement bill.
HoL doesn't have Programme motions, and needs time to consider legislation. In 10 days??? https://t.co/VG78SrKD7k
— Dianne Hayter (@HayteratLords) February 24, 2019
From the Labour peer and fierce anti-Brexiter Lord Adonis
3rd Brexit filibuster in the Lords broken 227 to 111. Now on to the fourth. Because there is no timetabling of business in the Lords, this could go on for many hours!
— Andrew Adonis (@Andrew_Adonis) April 4, 2019
The closure motion has been approved, by 227 votes to 111 - a majority of 116.
Peers are now voting on Lord Forsyth’s main amendment to the Hayter business motion. It says the normal Lords procedures should apply to the Cooper bill, instead of the fast-track ones proposed by Hayter.
You can read the Hayter motion and the amendments to it here.
After the Forsyth amendment, there are six more from Brexiters. At this rate, if peers try to debate all of them, and they are all subject to a closure motion vote and then a vote on the motion, this process could drag on half the afternoon.
Updated
This is from Nikki da Costa, the former director of legislative affairs at Downing Street, on the first Cooper-related vote in the Lords. (See 12.45pm.)
Worth noting with 239 v 118 on 1st division, and 94 v 254 on second, what max strength of parties are: Con 247 Peers, Lab 185, Lib Dems 95, 184 crossbench. Far from all of those can usually be mustered. I suspect crossbenchers are largely staying clear of this today.
— Nikki da Costa (@nmdacosta) April 4, 2019
In the House of Lords peers are now on their third Cooper-related procedural vote. This time they are voting on a second closure motion, moved by the crossbencher Lord Warner.
He is moving the closure motion (which curtails this stage of the debate) because he believes the Tory Brexiters are filibustering.
Downing Street still will not say whether Theresa May is relaxing her red line of being against a customs union in talks with Jeremy Corbyn.
Geoffrey Cox, the attorney general and a Brexiter, has signalled he could live with one.
In response, Theresa May’s spokesman said:
I think [Cox] was setting out his view. The PM’s view in relation to these issues is that we approach these discussions constructively.
Asked whether No 10 agreed with Cox that the UK could enter a customs union with a view to getting out of it later, he said:
I think his comments were reflecting the fact that there will be different parliaments to this one in generations to come.
No 10 also suggested peers should think carefully before passing the Yvette Cooper and Oliver Letwin’s bill to protect against a no-deal Brexit, arguing that asking parliament to approve any extension to article 50 could actually increase the risk of no-deal by accident.
Downing Street did not exactly endorse the filibuster in the Lords by Conservative peers but said it still strongly opposes the bill. The complicated argument is that previously Theresa May would have been able to simply negotiate an extension with the EU and accept it with royal prerogative powers, but now she has to get parliament to agree with the length of the extension. (See 12.38pm.) It is a slightly false argument as parliament is pretty certain to accept any extension that means there will not be a no-deal Brexit.
In the Lords the supporters of the Cooper bill have won a second vote. A move to hold up the bill proposed by the Tory Lord Forsyth has been defeated by 254 votes to 94 - a majority of 160.
Updated
Supporters of Cooper bill in Lords win first victory, with majority of 121
In the Lords the closure motion has passed by 239 votes to 118 - a majority of 121.
That means peers are now winding up this part of the debate - a procedural one relating to the fast-tracked timetable for the Cooper bill.
Although this was not technically a vote on the bill, the numbers probably roughly reflect the number of peers in favour and against the bill. In other words, the opponents of the bill are outnumbered two to one.
Peers are now voting on a motion from Lord Forsyth saying that the whole house should go into committee. This is a move to hold up proceedings.
Updated
No 10 claims Cooper bill could increase risk of no-deal
Downing Street claims the Cooper bill could increase the chances of a no-deal Brexit. This is what the prime minister’s spokesman told journalists at the lobby briefing, repeating an argument made by Stephen Barclay, the Brexit secretary, in the Commons debate yesterday. The spokesman said:
If passed, this bill would place a severe constraint on the government’s ability to negotiate an extension and reflect this new date in UK statute books by April 12. On Wednesday next week, the European council could propose an extension of an alternative length to that put forward by parliament, and under the bill the prime minister would have to return on Thursday April 11 to put that proposal to the house. By April 11, the European council will have concluded and the leaders will have returned to their member states.
In the words of the secretary of state the bill could increase the risk of an accidental no-deal exit. The bill is going to go through the House of Lords today. I’m sure the House of Lords will want to look at the issues that the secretary of state [Barclay] has raised.
Updated
It is all kicking off in the Lords now. Unlike in the House of Commons, debates in the House of Lords do not get subject to a formal timetable, saying that they must wind up within a certain amount of time. In theory they can go on forever, although in practice there is normally an informal agreement about when a debate will end.
But there is a process in the Lords which allows a peer to move a closure motion, to halt a debate and move to a vote. It does not get used very often, and it is only supposed to be applied in extremis, to prevent time-wasting. But we’ve just had one, and peers are voting on it now.
With Brexiter peers expected to launch a filibuster on the Cooper bill, there could be several more today.
Brexiter peer warns of 'tyranny' as Lords debates move to fast-track no-deal Brexit bill
In the House of Lords peers have just started debating Lady Hayter’s business motion (see 10.06am), changing the schedule in the upper house so that the Yvette Cooper bill, requiring the PM to demand an article 50 extension, can go through all its Lords stages by the end of today.
But some Brexiter peers are determined to resist the attempts to railroad the bill through the Lords. Lord Forsyth, the Conservative former cabinet minister, is one of the peers leading the opposition, and he has just told the house that suspending standing orders to fast-track a bill in this way could lead to “tyranny”. He explained:
[The bill] was actually passed [in the Commons] by one vote. And that one vote came from someone wearing a tag because they were released from prison.
The noble lord says “For goodness sake”. But this is a major constitutional matter. It was passed by one vote. The speeches were limited to two minutes in the other place because of the guillotine.
He had a go at me the other day because I said this practice of suspending our standing orders will lead to tyranny. He mocks me. He said, “Tyranny, how ridiculous.” All that lies between us and tyranny is that we respect the conventions of both houses. Why do we do that? Because it is our constitution.
Updated
Austrian foreign minister casts doubt on whether EU will grant article 50 extension beyond 22 May
At Westminster it is generally assumed that EU leaders at their summit on Wednesday next week will offer the UK a long article 50 extension. The main uncertainty is quite how long it might be, and quite how easy it would be for the UK to exit early. Last night, on ITV’s Peston, Philip Hammond, the chancellor, said the government was “hopeful” that any extension would be a maximum, and that if the UK were to pass the withdrawal agreement during the extension period, it would be able to leave immediately.
But on the Today programme this morning Karin Kneissl, the Austrian foreign minister, gave an interview suggesting this might be wishful thinking. She said she found it hard to imagine the UK being offered an extension beyond 22 May (the day before the European elections), although she also said that she was making that assumption because she thought it unlikely that the UK would take part in those elections. She said:
It is very difficult to imagine how an extension going beyond the European elections is feasible. I’m just wondering who is ready to campaign, which British politician is ready to campaign for the European parliament.
The government has not ruled out taking part in the European elections - Theresa May made that clear at PMQs yesterday, and Stephen Barclay did so again today - but ministers have not exactly embraced this as a welcome development.
In her interview Kneissl also suggested she was not convinced that the EU27 were as united in favour of a long extension as some people assume. She said:
It remains to be seen what kind of cohesion is still available among the EU 27 - I’m not in a position to tell whether there really will be this unanimous readiness to accept
Kneissl said she sympathised with President Macron’s view that the EU must not let itself be held hostage by Brexit.
In London MPs believe that, if the UK were to take part in the European elections, any object to a long article 50 extension would disappear. But Kneissl said that, if the UK were to elect MEPs only for them to leave later in the year, there would still be a problem. She explained:
If the British participate, but quit the European Union, sometime in [the] autumn, then the elections would have to be redone. So, the one or the other way, [this] could trigger a crisis of legitimacy.
Kneissl did not elaborate, but she may have referring to the appointment of the president of the European commission who, as a result of the Lisbon treaty, is now appointed by EU leaders taking into account the results of the European elections. It is conceivable that the mandate from the EU27 results could be different from the mandate produced by the EU28, including the UK. The parliament as a whole also has to vote to approve the new European commission, and so it would be arguable that a change in the composition of the parliament might undermine the legitimacy of the commission or its president.
Here is the business for next week announced by Andrea Leadsom, the leader of the Commons.
The business for next week will be: pic.twitter.com/Oe4WvmmuIe
— Leader's Office (@CommonsLeader) April 4, 2019
Leadsom unable to tell MPs when next Brexit debate due to be held
Andrea Leadsom, the leader of the Commons, has just announced the business for next week. It is all routine, and mostly Brexit-related secondary legislation.
She has not announced any Brexit indicative votes, or another vote on the withdrawal agreement.
But Leadsom says that the government’s talks with Labour on Brexit are underway, and she says the business may have to change.
She also tells MPs that the Commons might have to sit next Friday. And it may have to sit on the Monday and Tuesday of the following week, she says.
Updated
According to an interesting article by Sky’s Tamara Cohen, what finally turned Theresa May against a no-deal Brexit was fear of what this might mean for the union.
In Brexit questions Sir Keir Starmer, the shadow Brexit secretary, asks if Stephen Barclay agrees that, unless MPs vote for it, a no-deal Brexit will not happen.
Barclay says the fact that MPs voted down the PM’s deal last week means that any article 50 extension now is at the discretion of the EU.
Back in Brexit questions the DUP’s Sammy Wilson asks about Philip Hammond’s comments about a second referendum. Are we about to see another U-turn?
Kwasi Kwarteng, the Brexit minister, says it is government policy to honour the result of the first referendum. This issue of a second one is a “red herring”, he says.
A motion has been tabled in the House of Lords for Yvette Cooper’s bill to be rushed through the second chamber in a single day, allowing it to become law by the end of today, the Press Association reports. The move was put forward by Labour’s deputy leader in the Lords, Lady Hayter of Kentish Town. But it was countered by several amendments from Conservative peers demanding the bill should be dealt with in the normal way, which would effectively delay its passage beyond next week’s EU summit.
UPDATE: Here is the Hayter motion.
re: #CooperBill, here's the business motion that Lab Deputy Lords Leader Baroness Hayter is moving there today. If it passes, it would set aside relevant Lords Standing Orders to try allow the Bill to get thru' Lords in 1 day today. But there's ams. down that would neuter it. pic.twitter.com/o9csM7pDVt
— Brigid Fowler (@Brigid_Fowler) April 4, 2019
Updated
In the Commons Labour’s Stephen Timms says it is now “inconceivable” that the UK could pass a Brexit deal before the EU summit next Wednesday, meaning a long article 50 extension will be inevitable.
Kwasi Kwarteng, the Brexit minister who is replying, says given what we have seen in the last few weeks, he would not describe anything as inconceivable.
Back in the Commons Matthew Pennycook, the shadow Brexit minister, asks if ministers will comply with the Yvette Cooper bill, which would require the PM to ask for an article 50 extension.
Stephen Barclay, the Brexit secretary, says ministers comply with the law. That is in the ministerial code, he says. But he says Pennycook is getting ahead of himself. He says the bill has not passed the Lords, and it contains flaws.
Pennycook then asks what would happen if the EU were to offer a different article 50 extension from the one proposed by the government.
Barclay says Pennycook should not assume the Lords will pass the bill. It only passed the Commons by one vote, he says, and he says the main constitutional experts in the Lords will want to look at it closely.
As mentioned earlier (see 9.08am), Labour’s Brexit divisions were also on display on the Today programme this morning. Shami Chakrabarti, the shadow attorney general, was on representing Labour and she was asked if she agreed with Emily Thornberry, the shadow foreign secretary, that any Brexit deal that Jeremy Corbyn agreed with Theresa May should be put to a public vote. Chakrabarti replied:
As you know, the public vote became part of our policy at our party conference last autumn. It became part of our policy for the purposes of breaking deadlock. That’s the purpose of it. It is not an end in itself. It’s a process thing, not a substance thing.
The presenter, Mishal Husain, responded: “I don’t know what you mean. It was a simple question, whether you agree with Emily Thornberry or not. Should any deal agreed by parliament be subject to a public vote?
Chakrabarti tried again. Her second reply was more positive about the prospect of a second referendum, but still quite a long way from a firm endorsement of the Thornberry position. Chakrabarti said:
I think it will depend on the level of support. It really depends on whether it is required to break a deadlock ...
I think Emily has got a point in that, because it’s five to midnight and because we haven’t broken a deadlock, a public vote - or, my preference by the way, which is a general election, which is another form of public vote - these options become much more significant, and possibly even necessary.
In Brexit questions Robin Walker, the Brexit minister, has just confirmed that a second referendum is not government policy.
In the Commons Stephen Barclay, the Brexit secretary, is taking questions.
Hilary Benn, the Labour chair of the Brexit committee, asks Barclay about the government’s plans for indicative votes. Will the government choose the options? Or will MPs get the chance to suggest ideas too?
Barclay says this is no longer simply a matter for parliament. Because of the vote on Friday, which the government lost, the EU gets to decide if there will be an extension.
Hammond opens up cabinet split by saying MPs should get vote on second referendum
It used to be unusual to hear members of the cabinet disagree with each other in public. Now, as a result of Brexit, it has become commonplace - so routine one scarcely notices anymore - but it is worth flagging up anyway, particularly on the highly-charged issued of a second referendum.
On ITV’s Peston show last night Philip Hammond, the chancellor, did his best to slam the idea back on the table. Arguing that MPs should get a vote on the proposition, he told the programme:
I’ve said it’s a perfectly credible proposition. Some ideas have been put forward which are not deliverable, they are not negotiable but the confirmatory referendum idea, many people will disagree with it, I’m not sure there is a majority in parliament for it but it’s a perfectly credible proposition and it deserves to be tested in parliament.
But his morning, on the Today programme, Matt Hancock, the health secretary, did his best to sweep the proposal back into oblivion. Asked what he thought about a second referendum, he said:
I don’t see how that helps. That isn’t about delivering Brexit ... I have argued many, many times that it would be divisive, it would not be decisive, it doesn’t help us leave the European Union before the European elections, so I am very, very strongly against it ...
The point here is to respect the result of the referendum, not to challenge the result of the referendum in another referendum.
Then, when it was put to him that Hammond had described the idea as “credible”, Hancock responded:
Well that’s certainly not how I would describe it. But all of use are having to find compromises, and that is hard.
This is not even a split between the cabinet’s leave faction and its remain faction. Hammond and Hancock are both remain-voting Brexit pragmatists, although Hammond is at the more militant end of that spectrum.
Labour is just as divided on a second referendum, if not more so (Hammond is an outlier - most Tory MPs agree with Hancock on this), and that became clear when Shami Chakrabarti, the shadow attorney general, was interviewed on the Today programme too. I will post some extracts from her interview soon.
Here is the agenda for the day.
9.30am: Stephen Barclary, the Brexit secretary, takes questions in the Commons.
After 10.00am: Andrea Leadsom, the leader of the Commons, makes a statement on next week’s Commons business.
10.45am: Violeta Bulc, the European transport commissioner, holds a press conference on Brexit preparedness.
Afternoon: Peers are expected to debate the Yvette Cooper bill requiring the PM to seek an article 50 extension. The proceedings could run late into the evening.
3pm: Angela Merkel, the German chancellor, meets Leo Varadkar, the Irish prime minister, in Dublin. They are due to make a press statement at 5.30pm.
Also a government team headed by David Lidington, the Cabinet Office minister, will spend the day in talks with a Labour team headed by Sir Keir Starmer, the shadow Brexit secretary.
As usual, I will be covering breaking political news as it happens, as well as bringing you the best reaction, comment and analysis from the web, although I expect to be focusing mostly on Brexit. I plan to post a summary at lunchtime and another when I wrap up.
You can read all the latest Guardian politics articles here. Here is the Politico Europe round-up of this morning’s political news. And here is the PoliticsHome list of today’s top 10 must-reads.
If you want to follow me or contact me on Twitter, I’m on @AndrewSparrow.
I try to monitor the comments BTL but it is impossible to read them all. If you have a direct question, do include “Andrew” in it somewhere and I’m more likely to find it. I do try to answer questions, and if they are of general interest, I will post the question and reply ATL, although I can’t promise to do this for everyone.
If you want to attract my attention quickly, it is probably better to use Twitter.
Updated
I've got a bit lost re the Cooper bill - can anyone explain what happens now? If the Bill is passed by the Lords, and presumably becomes law, and then the EU deny us a longer extension, would the govt be forced to either pass the WA (in whatever shape it's in - but how would that work?) or revoke A50/hold a new ref? Ie, would No Deal be illegal (under UK law) and another way have to be found?
Thank you!