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The Guardian - UK
The Guardian - UK
Politics
Ben Quinn, Frances Perraudin and Kevin Rawlinson

Brexit: full text of withdrawal agreement bill published - as it happened

John Bercow told the house that withdrawal deal bill would not be debated on Monday.
John Bercow told the house that withdrawal deal bill would not be debated on Monday. Photograph: Reuters Tv/Reuters

Closing summary

That’s all from us this evening. Here’s a summary of the day’s main events:

If you’d like to read yet more, my colleagues Heather Stewart and Rowena Mason have the full story:

Earlier, we reported that the foreign secretary, Dominic Raab, has announced a review of the immunity arrangements for US personnel and their families at the RAF Croughton annex, following the death of Harry Dunn.

Now, a spokesman for Dunn’s family, Radd Seiger, has told the Press Association:

The family just has absolutely no confidence in Dominic Raab.

He said we didn’t go to him or his department for help while we were in the United States – that’s because he is the last person we would go to for help after the meeting we had with him.

The family are angry tonight. They are probably angrier now than they have been at any stage in this entire process.

Dominic Raab said the ball is in Northamptonshire police’s court for keeping us up to date with the investigation. The chief constable has told us he can’t answer the questions we had for him. Somebody is lying and the family are sick of it.

The leader of the Commons, Jacob Rees-Mogg, has set out the timetabling of the bill’s progress through parliament. Responding to an intervention by the Independent Group for Change MP, Anna Soubry, he has said:

The second reading debate will be the normal second reading debate and will go to seven o’clock tomorrow.

On the second day, 12 hours of sitting divided into four sections of three hours with a specific section reserved, and the right honourable lady, the member for Broxtowe, might be pleased about this, with three hours specifically reserved for motions relating to a second referendum.

So, members who are concerned about that will have the opportunity to debate it.

And then, on Thursday, eight hours for proceedings on consideration up to and including third reading.

The shadow Brexit secretary, Labour’s Keir Starmer, has accused the prime minister of seeking to prevent proper scrutiny of his bill.

This is a bill to implement Boris Johnson’s deeply flawed plan for Brexit. It is outrageous to deny parliament the chance to scrutinise this incredibly important legislation properly. Ministers are trying to bounce MPs into signing off a bill that could cause huge damage to our country.

We can’t trust this prime minister.

The truth is Boris Johnson knows that the more time people have to read the small print of his deal, the more it will be exposed for the risks it represents to our economy and communities across the country.

Updated

The government has been accused of trying to ram through its Brexit deal this evening.

The EU withdrawal agreement bill has just been introduced for its first reading and MPs will be debating it tomorrow. After the bill’s introduction, the Independent Group for Change MP, Chris Leslie, told MPs:

We know, for example, that Commons committee stage of the Treaty of Rome was not three days, or two days, it was 22 days. For the Maastricht Treaty, 23 days in committee stage. The Treaty of Lisbon: 11 days. Treaty of Amsterdam: five days. Then the Single European Act four days and then the smallest of them all the Treaty of Nice three days at committee. So, in total, five days of Commons consideration for the Treaty of Nice to be reformed.

So, this is an unprecedentedly short period of time to dedicate to a massive and momentous piece of legislation. And, personally Mr Speaker, I am very worried that this motion that we are now debating, (is) the first in a series of attempts by the government to stage what is essentially the ramming through of a piece of legislation, in I regard a disorderly way.

The withdrawal agreement bill includes a provision to enable the prime minister’s Brexit deal to be ratified in time for the UK to leave with an agreement on 31 October.

Under the provisions of the Constitutional Reform and Governance Act (CRAG), an international treaty – such as the Brexit deal – must be laid before Parliament for at least 21 sitting days before ratification to take place.

However, in order for the government’s timetable to be met, there is a provision in the WAB which “disapplies” the relevant section of the CRAG.

The withdrawal agreement bill has been given its first reading in the House of Commons, with MPs now poring over every line in the text and explanatory notes.

It contains some protections on workers’ rights, such as a “non-regression principle” and the promise that parliament would get a vote on the negotiating mandate for the EU future relationship and the form of a final trade deal.

However, it remains to be seen whether this will be enough to convince wavering pro-deal Labour MPs to vote for it.

There is also the potential for hardline Eurosceptics to balk at some elements when they look at the detail of what will happen in the transition period and the potential for that to be extended for another two years.

Soft Brexit Tories may also not be convinced there are enough safeguards to stop the UK crashing out on WTO terms at the end of the transition period at the end of 2020.

Updated

The Liberal Democrats’ Brexit spokesman Tom Brake has responded to the publication of the withdrawal agreement bill, saying:

The Tory Brexit plan would hurt jobs, the environment and vital public services including the NHS. The Conservative government is trying to crash this bill through Parliament before anyone realises just how bad it is.

MPs have had a chance to vote on Brexit again and again, yet as the Conservative government bring another withdrawal agreement to parliament they still refuse to let the people have the final say. If parliamentarians can change their minds then the people should be able to too.

Liberal Democrats will continue to fight to stop Brexit. Our priority is to secure a People’s Vote with the option to stay in the EU.

Updated

EU withdrawal agreement bill published

The government has published the full text of the European Union (withdrawal agreement) bill.

The document, which sets out how the government intends to implement the Brexit deal, runs to 110 pages and MPs have been given until Thursday to scrutinise it and vote on it.

Here’s a brief look at it, courtesy of Huffington Post UK’s Paul Waugh:

Updated

The immunity arrangements for US personnel and their families at the RAF Croughton annex will be reviewed in the aftermath of the death of Harry Dunn, the foreign secretary Dominic Raab has said. He has told MPs:

We will continue to fight for justice for them. I’ve already commissioned a review of the immunity arrangements for US personnel and their families at the Croughton annex holding privileges and immunities under the Vienna Convention on Diplomatic Relations.

As this case has demonstrated, I do not believe the current arrangements are right and the review will look at how we can make sure that the arrangements at Croughton cannot be used in this way again.

Gove has confirmed that direct rule of Northern Ireland by Westminster would be necessary if Stormont is not back up and running once Brexit goes through. But he says it’s a step “no one should take lightly”.

In response, the shadow Cabinet Office minister, Jon Trickett, said:

The prime minister thinks the only way to get legislation for this sellout deal through this House of Commons is to bully and blackmail MPs with the threat of no deal.

But the prime minister has lost the consent of the House. He double-crossed the DUP. He’s taken a bulldozer to most of our procedures.

He reminds me more than anything else of acting in the manner of the Godfather, casting confetti at a Mafia family wedding in the way that he’s disposed of the goodwill of the House.

Continuing his statement, Gove said:

It remains the case that Northern Ireland will face unique challenges in a no-deal Brexit and we will need to take steps to ensure effective governance and to give direction to the Northern Ireland civil service.

This arrangement settlement has been sustainable to date, but leaving without a deal would represent a formidable challenge to the current position.

In that case, we would have to start formal engagement with the Irish government about further arrangements for providing strengthened decision-making, and that would include the real possibility of restoring a form of direct rule.

We will, of course, do everything to ensure that the interests of all communities across Ireland were safeguarded in any arrangements.

We all must recognise that this would be a gravestone, from which experience shows us it would be hard to return, particularly in the context of leaving without a deal.

Madame deputy speaker, even as we prepare for the challenges of no-deal, we will make the case at every forum that we can for leaving with a good deal.

Delivering a statement to MPs on the government’s preparations for a no-deal Brexit, the minister responsible – Michael Gove – has said:

Parliament had the opportunity on Saturday to support a meaningful vote which would have allowed us to proceed smoothly to ratification of our deal and exit on 31 October. But the House instead voted in such a way as to put an orderly exit on that day in doubt.

With no clear agreement yet in this House to ratify our withdrawal agreement and no certainty that an extension will be granted by 31 October, I must I fear take the appropriate steps now to prepare for the increased possibility that the legal default position will follow, and we will leave on 31 October without a deal.

The clear advice to me now from officials is that we must now intensify contingency arrangements.

We will now accelerate our efforts to help businesses and individuals mitigate any dislocation and disruption that may ensue.

Hundreds of public servants across the UK will have to be redeployed, they will transfer to work in operation centres ready to identify challenges, work together to resolve problems quickly, and implement contingency plans.

And, of course, we must maintain our public information campaign, from tomorrow this will reflect the renewed urgency of preparation.”

Ken Clarke, now sitting as an independent MP, has said all-night Commons sittings were used when debating the Maastricht Treaty in 1992 and much time was given to the original European Communities bill.

Clarke, who had the Conservative whip removed after he backed attempts to block the UK leaving the EU without a deal, asked the leader of the Commons, Jacob Rees-Mogg:

They were both debated for weeks on end with many all-night sittings. I think the Maastricht Bill we had at least 20-odd days sitting in order to satisfy the Eurosceptic members of the Conservative party who wanted full discussion of it.

So, can my right honourable friend reassure me that the government is not simply to try to confine debate by narrowing the time and it is content, if the House wishes, to facilitate as much time as we need to consider it carefully?

And I see no reason at all why we should just all rise in the evening so that everybody can go to dinner and not sit on a Friday for the convenience of the House of Lords.

If the government is, for some reason, insistent on dashing for this completely silly and irrelevant date which it keeps staking its fate on then give some proper time for debate. Two-and-a-bit days of ordinary parliamentary hours is plainly quite insufficient.

Rees-Mogg responded by describing Clarke as “somebody who has always wanted us to remain in the European Union and disapproves of referendums”. This is relevant, he says, because Clarke has never tried to hide his views using procedural methods.

Using accelerated procedures has come about because of the deadline that we have of 31 October. And here I disagree with him: This is not a phony deadline. The deadline was set because of the work of article 50 and, the point being, that it should have ended in March.

The SNP Commons leader, Pete Wishart, said:

What he proposes in this business statement around the withdrawal agreement bill is totally unacceptable. Three days to consider a bill, somebody suggested it’s 100 pages, how on earth are we going to have the chance to assess that properly? No economic impacts, no economic assessments.

Wishart said it was only last week that the Queen “put on her best crown” and came to Parliament for the Queen’s Speech. He asked when that would be discussed, and asked if it was just a “supreme waste of time”.

Rees-Mogg told the Commons the “Benn act and another known as the Boles Cooper act” were brought through at short notice. He said: “A king emperor left in 24 hours, and we are removing an imperial yoke in over a week.”

Back to Brexit and the shadow Commons leader, Valerie Vaz, has told MPs:

At every stage, the government has been running scared of this House and democracy and it’s now attempting to force through a flawed Brexit deal which sells out people’s jobs, rights and our communities.

The Commons leader, Jacob Rees-Mogg, began his reply by condemning abuse aimed at politicians after he and his son were targeted as they left Parliament on Saturday.

I’ve had many really kind inquiries about my son. He is a 12-year-old boy, he found nothing more exciting than being escorted home by the police – I’m not sure he should have found it so exciting but he did.

As a really serious point, I think it’s very important that MPs can come and go from the precincts of Parliament feeling safe, and we must think about whether there’s more we need to do and whether sessional orders may be helpful in that regard.

Rees-Mogg said the withdrawal agreement bill’s programme motion, which outlines its timetable, will be “down tonight in an orderly way” before noting: “The bill, of course, won’t be pulled.” He also dismissed Vaz’s claims and pointed to the government’s two attempts to hold an election, adding: “If anybody is frit they are on the opposition benches.”

DUP MPs have asked for clarification from the UK government on whether Northern Ireland goods travelling to other parts of the UK will require customs declarations. The DUP MP Gavin Robinson said:

Mr Speaker these responses are calamitous. Can he answer that question that was asked earlier: is it the case that Northern Ireland goods will require customs declarations to enter what is supposed to be unfettered access to the rest of their own country?

To heckles of “answer it” from fellow DUP MPs, Smith said:

On the issue of checks and forms, unfettered access is a key part of this protocol, and I’ll be working to ensure we deliver on that in the interest of Northern Ireland business in the coming weeks.

Calling for Stormont MLAs to have their pay reduced again due to the deadlock, Lady Sylvia Hermon said:

As members of the legislative assembly at Stormont continue to be unable to fulfil their responsibilities, what consideration has the secretary of state given to cutting their salaries yet again?

Smith said:

I plan to review all elements relating to the assembly if we’re unable to move things forwards over the coming days.

Updated

The chairman of the Commons Northern Ireland select committee, Simon Hoare, suggested that the UK Parliament consider legislating on the Irish Language act to get the talks at Stormont moving.

The secretary of state has provided a window which could possibly see this House overcome the hurdle which seems insurmountable for the parties in Northern Ireland and that is to legislate for the Irish Language act; therefore taking it out of the debate between the principal parties in Northern Ireland and, in my judgment, removing the hurdle which the roadblock, sorry to mix my metaphors, to getting Stormont back up and running.

Responding, Smith said:

The Irish Language act is one of a number of issues that are being discussed in the talks process. I’d say again the most important and the best way to resolve these issues is through the Stormont talks.

Dodds’ colleague, Sir Jeffrey M Donaldson, said he “cannot emphasise enough” how important the principle of consent is to unionists.

The idea that a decision of the momentous nature of the one we will be expected to take in four years’ time does not reflect adequately the principle of consent – as expressed in the Belfast agreement – has serious implications for our ability to support the restoration of devolution without that safeguard.

And I say with all seriousness to the secretary of state, if this issue is not addressed it goes well beyond this Brexit deal.

Responding, Smith told MPS:

This protocol is for a reserved matter. It is not for the assembly. The Belfast agreement is extremely clear that there will be matters which will not be subject to the consent mechanism in the assembly.

The DUP’s Westminster leader, Nigel Dodds, accused the government of not doing enough to restore powersharing to Northern Ireland.

On health, education, crime, policing, investment and all the rest of it still the government sits on its hands and allows no government for Northern Ireland. Is he now realising that with Brexit coming we have to have power in the hands of ministers whether in the assembly or here? We can’t go on abdicating that decision?

Smith was asked by the shadow Northern Ireland secretary, Tony Lloyd, whether he could assure MPs the Police Service of Northern Ireland has the “resources in the event of any form of civic disturbance?”

Lloyd said he didn’t want to “emphasise what kind of civic disturbance there could be” but said there could be a “period of prolonged public unrest”. Smith replied:

The government has invested a further £20m, or nearly £20m, and stands ready to continue to support the PSNI financially.

This is a sensitive period, with police officers under threat day in, day out. But I am comforted that the PSNI is well resourced, and I think it is doing an exceptional job.

I don’t see any need for any circumstance for the British Army operating in that way. The PSNI are doing all of the functions along with our security services in an exceptional manner.

In the Commons, the Northern Ireland Secretary, Julian Smith, has been facing questions. He has told MPs:

A new legal framework for lawful access to abortion services in Northern Ireland will be put in place by 31 March 2020, in line with the 2018 UN CEDAW report. I will be consulting on the new framework very soon.

On same-sex marriage and opposite-sex civil partnerships, regulations are to be made no later than 13 January 2020.

There are two key areas we are going to consult on. How to allow for religious same-sex marriage ceremonies, and also the issue of conversion from civil partnership to marriage and vice-versa.

At the latest, the first civil same-sex marriages will take place on the week of Valentine’s Day 2020.

There is clearly this concern about how does the [Northern Ireland] assembly – now the law is changing – how does it influence? It can influence, but we need to be clear that the law from tomorrow has changed across those two areas, and we can, obviously we will hear the views of the assembly, and we will work with them, but the law, from tomorrow, has changed.

Evening summary

• Boris Johnson has been denied the opportunity to hold a second vote on his Brexit deal in the House of Commons after the Speaker, John Bercow, ruled that it would be “repetitive and disorderly”.
Bercow said it would break longstanding conventions for MPs to debate and vote on the agreement struck in Brussels last week, little more than two days after Saturday’s historic sitting.
“Today’s motion is in substance the same as Saturday’s motion, and the house has decided the matter. Today’s circumstances are in substance the same as Saturday’s circumstances,” Bercow said in the Commons on Monday.

• Soft-Brexit Tory MPs and independents are resisting the idea of attaching a customs union to Boris Johnson’s withdrawal agreement bill, meaning it would likely need an alliance of all opposition parties to pass.
Conservative MPs and former Tories, who previously backed the idea of a customs union, suggested on Tuesday they would prefer not to reopen the issue and wanted to support Johnson’s deal.
Damian Green, the leader of the One Nation caucus, and Oliver Letwin, who has been heavily involved in the parliamentary fight against a no-deal Brexit, both indicated they would back Johnson’s deal without a customs union appended.

• The unconventional “form” of Boris Johnson’s extension request is irrelevant to the EU, the European commission has confirmed, as Germany’s economic affairs minister said “it goes without saying” that a further Brexit delay would be granted.
Peter Altmaier, a key ally of the German chancellor, Angela Merkel, said he believed either a technical extension to allow extra time for legislation to pass, or a longer period to accommodate a general election or second referendum would be offered.

• Scotland’s most senior judge, Lord Carloway, has rejected a call by the UK government to end a case examining whether Boris Johnson broke a promise that he would not try to sabotage the request for a Brexit extension.
After losing a Commons vote on Saturday on delaying his deal, Johnson sent an unsigned copy of the letter required by the Benn act but also sent another, personal, letter to Brussels that asked EU leaders not to agree to an extension. The judge said he would continue with the case until it was clear that Downing Street had complied with the act in full.

• Northern Ireland’s unionist parties have recalled the Stormont assembly today in a last-minute attempt to stop the decriminalisation of abortion from coming into effect.
The region’s restrictive abortion laws are set to change at midnight on Monday after the Commons voted last July to bring reproductive rights in Northern Ireland into line with the rest of the UK.

Updated

The leader of the House of Commons, Jacob Rees-Mogg, is on his feet in the House of Commons and tells MPs that the government will try to pass key Brexit legislation through the Commons in three days this week.

He added that the withdrawal agreement bill would be debated at second reading and committee stage on Tuesday, with further discussion on Wednesday before the conclusion of proceedings on Thursday.

Rees-Mogg also spoke about his experience, and that of his son, as they were escorted by police out of parliament on Saturday. He was one of several MPs who the police guarded amid heckling. Diane Abbott was another.

“My 12-year-old son found nothing more exciting than being escorted by police,” said Rees-Mogg, who went on to say that it might be necessary to look at measures to ensure that MPs are able to come and go.

Updated

For readers wondering where Boris Johnson was earlier when Steve Barclay was taking questions on Brexit, including some asking why the prime minister as not doing so, we’ve been told by Downing Street that he is in Downing Street.

But why wasn’t Johnson taking questions?

“Because Steve Barclay was,” a spokesperson replied when asked.

I’ve conferred with colleagues and, as we understand it, convention is that you can’t demand a particular minister replies to your urgent question.

As it’s urgent they might not be available, and more junior ministers do often fill in.

Updated

In the Commons, the Northern Ireland secretary, Julian Smith, has been taking questions about Brexit, attempts to restore the assembly at Stormont and moves to decriminalise abortion.

On the latter, Smith says that a consultation is due to start in the coming days.

“A new legal framework for lawful access to abortion services in Northern Ireland will be put in place by March 31 2020 in line with the 2018 UN CEDAW report. I will be consulting on the new framework very soon.

“On same-sex marriage and opposite-sex civil partnerships, regulations are to be made no later than January 13 2020.

“There are two key areas we are going to consult on. How to allow for religious same-sex marriage ceremonies, and also the issue of conversion from civil partnership to marriage and vice-versa.”

He added: “At the latest, the first civil same-sex marriages will take place on the week of Valentine’s Day 2020.”

Updated

Beyond the UK and Europe, events at Westminster continue to generate head-scratching from media in other parts of the world. My colleague Daniel Avelar Guimarães has been taking a look:

In the US, the Washington Post highlighted Boris Johnson’s “humiliating defeat in the House of Commons” on Saturday. Using a slightly more optimistic tone, the New York Times reports that Johnson “still has a surprisingly good chance of leading Britain out of the bloc” because of disagreements within opposition parties regarding their strategy for Brexit.

The view on Brexit from the Middle East is also far from unanimous. Israel’s Haaretz said that Johnson faces a “potentially perilous ratification” of his Brexit plans as opposition MPs try to amend his proposed divorce bill.

On the other hand, UAE’s the National said No 10 was “increasingly confident” that it could get parliament’s approval fin an upcoming vote, and mentioned that the pound “reached its highest in more than five months at $1.3011” amid investor optimism.

And in South American media, Britain is shown as a country in turmoil. In Brazil, Folha de S.Paulo compared Johnson’s increasing isolation in parliament to the failures of his predecessors Theresa May and David Cameron, further describing Brexit as a “reputation-crushing machine” for prime ministers.

In neighbouring Argentina, La Nacion said divisions in the House of Commons reflected broader trends in British society, mentioning an Opinium/Observer poll that puts support for a second referendum at 42% against 43% who reject a new vote.

Updated

The government is coming under fire this evening over confirmation by the Brexit Secretary, Stephen Barclay, that Northern Irish businesses will have to complete exit declarations when sending goods to Great Britain under the terms of the Brexit deal.

As reported by Politico, Barclay was correcting an answer he gave minutes earlier to the House of Lords European Union committee, when he said he did not think such forms would be required under the deal.

He told peers: “We’ve said in terms of [trade] from NI to GB that it will be frictionless and so there wouldn’t be [declaration forms].”

The Labour Peer, Stewart Wood, was the committee member who pressed Barclay and has been making hay on Twitter and says that Barclay’s “revelation” confirms two things

“1. The GB-NI border inside the UK will, from a commercial point of view, feel like a real border.

2. The Govt is trying to push through a vote on the deal before the text of the Withdrawal Bill is seen for a reason: the contents are alarming.”

Nigel Farage, the Brexit Party leader, and the east Belfast DUP MP, Sammy Wilson, have both been weighing in:

Urgent Brexit questions have been concluded now - the Northern Ireland secretary, Julian Smith, is taking questions - but the Westminster focus will shift back very swiftly in a while to Brexit when MPs react to the publication of the withdrawal agreement bill.

They won’t have long to read it, however, as the second reading of the bill – and with it, a chance to vote – comes as early as tomorrow.

If you missed it, here’s the moment from earlier when the Commons Speaker, John Bercow, ruled out allowing a meaningful vote on the Brexit deal.

Updated

The Guardian’s political editor, Heather Stewart, has filed this piece on how Boris Johnson has been denied the opportunity to hold a second vote on his Brexit deal in the House of Commons after the Speaker ruled it would be “repetitive and disorderly”.

She adds that the government, meanwhile, still hopes to push the legislation necessary to enact Brexit through parliament in time to meet the 31 October deadline despite having reluctantly been compelled to send a letter asking for an extension to article 50,

The withdrawal agreement bill was expected to be published later on Monday, with the key second reading vote likely to be held on Tuesday.

MPs from across the house are then likely to table a string of amendments seeking to tweak the Brexit deal, including to force the government to negotiate a customs union with the EU27 and to subject it to a “people’s vote”.

Updated

So what happens now? There is “disappointment” from Downing Street, in the first soundings coming out of the prime minster’s spokesperson.

Paul Waugh of Huffpost UK tweets:

Meanwhile, the Sun’s Tom Newton Dunn has been reporting on a fresh headache for the government (and anyone struggling to keep up with Brexit-related acronyms frankly):

Updated

The Liberal Democrat leader, Jo Swinson, is speaking now and makes the case again for a new referendum.

If the prime minister was allowed to change his mind – and request an extension – then surely the British people should be allowed to do so.

Updated

Ian Blackford, the leader of the SNP at Westminster, wants to know the whereabouts of Boris Johnson, who he says has been utterly humiliated by his defeat in the House of Commons on Saturday.

The unsigned letter that was sent to Brussels at the weekend “lacked respect”, he adds.

Barclay replies that the crux of the issue was that the prime minister had complied with the law and had set out his well-known views on the issue.

There isn’t any word from him about where Johnson is.

Updated

Ken Clarke is on his feet now, asking that the date of 31 October should no longer have the “sacred quality” it has attained, though he would be personally quite happy if a withdrawal can be secured in the right way.

“The date was not selected by the British public or the British government. It was a compromise selected by President Macron and others and was plucked out of the air,” he adds.

Updated

Barclay says that the prime minister has confirmed that the UK government would abide by the law, but has also left no one in any dount about what his position is.

“We in this house want to collude with the British public to get Brexit done,” he adds, sidestepping that second Corbyn question about whether some MPs are facing potential investigations for “colluding with foreign governments”.

Updated

Points of order have been concluded and Jeremy Corbyn is on his feet with the first of urgent questions, asking the prime minister to make a statement on his request for an extension on Brexit.

Steven Barclay, the minister for Exiting the EU, responds in place of Boris Johnson by saying that the letter was sent in compliance with section one of the Benn act.

The Labour leader says he admires Barclay for keeping a straight face as he gave that answer, accusing Johnson of sending the letter with “posturing and attempts to distract”.

Despite having said that he would never request an extension, Corbyn adds that the prime minister has done so. He asks when he expects any EU extension to be granted and if the government can rule out reports that MPs could face jail for “colluding” with foreign governments.

Updated

Bercow says he has the sense that his ruling is “procedurally right”, however irksome it is to some in the chamber.

The Spectator’s assistant editor, Isabel Hardman, meanwhile, separates the contributions from the floor as follows:

Updated

Bercow adds: “I have made a principled judgment and there is every opportunity for the government to have its way, with the approval of parliament, by the end of October.”

Crispin Blunt, another Tory MP, is on his feet and says he is one of the members who has formally recorded what he says has been Bercow’s “partiality” in the chair.

Blunt asks if Bercow’s ruling might be altered on the basis of what the response from Brussels might be to the letter(s) sent at the weekend by Downing Street.

Cue another Bercow impression – this time of Willie Whitelaw: “Personally I think it is better to cross bridges when I come to them.”

Updated

There’s a bit of political kickabout over a second referendum by the former Tory, now LibDem, Sarah Wollaston and the Conservative MP Desmond Swayne.

Swayne says with a smile that he believes Bercow is right, but adds: “By the same logic, It’s quite right for the voters not to have to answer the same question again.”

Updated

Bercow is warming up a bit now, telling Jenkin: “When he was getting decisions in his favour he was not grumbling. He is grumbling now because he is getting the judgments that he doesn’t like.”

A translation from the BBC’s Andrew Sinclair:

Updated

Bercow continues to defend himself under questioning, saying that one of the reason for the rules he has invoked was to prevent “conflicting” rulings on similar issues coming soon after the other “in short order”.

“And what could be shorter order than the next sitting day after the last judgment was made … and that was the rationale for the perfectly reasonable judgment that I have made,” says the Speaker.

Bernard Jenkin, the Brexit-supporting Tory MP, is on his feet insisting that the motion the government wanted to be voted on today was very different from the one MPs considered on Saturday.

To “ooohs”, he adds that the public administration committee, which he chairs, will be holding a hearing on the role of the Speaker. Bercow replies that that it is absolutely right for the committee to do what it wanted to to and he was “entirely untroubled” by it.

Updated

Bercow breaks off into a (not unconvincing) Tony Benn impression to repeat the Labour MP’s lament that politics should be about issues, not personalities, as he comes under further questioning about his ruling.

The veteran Eurosceptic and Brexit, Bill Cash, has been on his feet urging Bercow to reconsider his decision in the light of the “law of the land” with regards to Britain’s scheduled Brexit date.

Bercow says he is stating the obvious: “When you make a judgement on these matters that is controversial, some people are going to be pleased and some are going to be displeased.”

“I have simply sought to discharge my obligations and to do what I believe to be right, and that is what the speaker has to do.”

Updated

Bercow refuses to allow 'meaningful vote' on Brexit deal today

The House of Commons Speaker, John Bercow, has ruled that he will not permit MPs to have a “meaningful vote” on Boris Johnson’s Brexit deal today.

“My ruling is that the motion will not be debated today as it would be repetitive and disorderly to do so,” he told MPs.

Bercow says he hopes that the ruling and explanation are helpful to the house, before allowing the Tory MP Peter Bone to come in with a point of order.

To laughter, Bone tells him that no one knew that the prime minister was going to send a letter or not to the EU seeking a Brexit extension. Surely this something that changed the circumstances in which the vote would take place.

Bercow says that the question of whether a minister of the crown “would obey the law” would be a material consideration on his part was not one that he took into account.

Updated

Bercow says it is clear that the motions before the house are “in substance the same” and that the matter was decided as recently as 48 hours ago.

Bercow is on his feet and says he has been reflecting. There are two issues, one of substance and the other of circumstances, to consider, he adds.

First, he has to consider if the motion tabled by the government for today is the same in substance as that which was decided during Saturday’s sitting.

Updated

This looks like the last question in defence questions.

So which way will Bercow go? Here’s Ian Dunt, the editor of Politics.co.uk on what’ll happen if the Speaker (against expectations) gives a green light to a meaningful vote:

And, meanwhile, a little sympathy for the notoriously shy (ahem) Mr Bercow …

Updated

It’s felt like a bit of a phoney war thus far today but we’re minutes away from (potentially) a key moment, when we should learn if the Commons Speaker, John Bercow, will allow MPs to have a “meaningful vote” on Boris Johnson’s Brexit deal. The word is that Bercow will be on his feet at about 3.35pm London time.

Ben Wallace, the defence secretary, and junior ministers have been taking questions and that is due to start winding up shortly.

The expectation is that Bercow will not permit such a vote given that the deal was debated by MPs on Saturday, and a backbench amendment attached, putting off final approval until the legislation surrounding the plan is agreed.

Downing Street has also, meanwhile, said it would pull the vote if any amendments are selected that would “render the vote pointless”.

“There is no point having a meaningless vote – the government would pull the motion. We will go ahead with the introduction of the WAB with second reading tomorrow,” the PM’s official spokesman said.

Updated

An update from MEPs, via the Guardian’s Brussels correspondent, Jennifer Rankin.

The Liberal Democrat MP Layla Moran has just told the BBC she would be “minded” to vote on a customs union amendment if it is in the right form, but added quickly that her party was still intent on pushing for a second referendum.

MPs need more time to scrutinise the government’s deal, however, she added.

Updated

As well as writing to Boris Johnson, the first ministers for Wales and Scotland have also send one to the president of the European council, Donald Tusk, urging him to support an extension to Brexit that would allow MPs to scrutinise the deal – and perhaps even hold a second referendum.

The BBC’s Nick Eardley tweets:

Updated

We heard earlier that Lisa Nandy had emerged as one of the Labour MPs who would support the withdrawal agreement bill (WAB) at second reading, but it seems fairly certain that it will be opposed by her party. The Guardian’s deputy political editor, Rowena Mason, tweets:

To recap, the second reading of the withdrawal agreement bill is likely to be held tomorrow if it is introduced later today.

The second reading will be the first occasion that members of parliament can vote on the proposed legislation.

Updated

News out of Brussels, though probably not of the type that will be welcomed by Brexit supporters hoping that they might have seen the last of Michel Barnier, the EU’s chief negotiator for the past number of years. He’s not going away, reports Politico.

Updated

The first ministers for Wales and Scotland, Mark Drakeford and Nicola Sturgeon, have written to the prime minister urging the UK government to secure an extension from the European council that respects devolution and “allows our legislatures to carry out their proper constitutional and democratic functions”.

Part of their letter states:

This bill will be among the most important piece of legislation ever considered by the UK parliament, the Scottish parliament and national assembly for Wales with far-reaching implications for the whole of the United Kingdom and our future well-being.

Both our governments believe the deal you have negotiated with the EU will be even more damaging to Wales, Scotland and the United Kingdom than the previous unacceptable agreement made by your predecessor.

We therefore wish to state in the clearest possible terms that we and our legislatures need time to analyse and consider the draft bill.

We share the view which lay behind the amendment passed by a clear majority of the House of Commons that the time between now and 31 October provides insufficient opportunity to undertake this essential scrutiny

Updated

Scottish judges have delayed a final ruling on whether Boris Johnson is in contempt of court to ensure he agrees to an extension to Brexit.

Lord Carloway, the country’s most senior judge, said they needed to be sure the prime minister did not try to block or sabotage the application he was forced to make on Saturday night for an extension to Brexit until 31 January.

The court’s decision, issued after a short hearing at the court of session in Edinburgh, means Johnson faces being held in contempt if judges rule he has failed to honour pledges made to court not to frustrate the extension process.

Johnson sent an unsigned letter seeking the extension after the Commons voted narrowly in favour of postponing a vote on the government’s revised deal to leave the UK.

The legislation, the European Union (Withdrawal) (No 2) Act, known as the Benn act, also requires the prime minister to accept an extension if it is offered by Brussels and the 27 other EU member states.

Lord Carloway, Scotland’s most senior judge.
Lord Carloway, Scotland’s most senior judge. Photograph: AP

Updated

The number-crunching continues around whether the numbers are there at Westminster for opposition parties to put a spoke in the wheel of the government today via an amendment creating a UK-wide customs union with the EU and single market alignment.

While my colleague Peter Walker reckons that Labour, Liberal Democrats and others might just about “squeak it” if the DUP abstained, it’s looking like a tall order.

Updated

Joanna Cherry - the SNP MP and lawyer behind one of the series of court cases around the UK challenging Boris Johnson’s decision to suspend parliament for five weeks – has been tweeting about an experience on the streets today, contrasting it with the protection afforded to Andrea Leadsom when the Tory minister was heckled on Saturday.

Updated

An attempt by the DUP to suspend the standing orders of the Stormont assembly to push through a private member’s bill that would maintain Northern Ireland’s ban on abortion has failed, as expected, because it requires the election of a speaker on a cross-community basis.

At the start of today’s proceedings – viewed variously as a stunt designed to play to the DUP’s political base at a time when the party has been wrong-footed over Brexit or an articulation of a point of principle – there was a bid by anti-abortion assembly members to fast-track a piece of private member’s legislation through in a single day to thwart the abortion reform.

While the DUP and other unionist members were in attendance, the rest of the chamber’s benches were largely empty. Sinn Féin has made clear it will not turn up to a sitting it has described as a circus while SDLP members walked out after describing the convening of the assembly as a “stunt” and making it clear that they would not be participating in the election of a speaker.

The developments come as the abortion law will change in Northern Ireland at midnight on Monday when the Executive Formation Act 2019 comes into effect. MPs at Westminster successfully amended the government bill in the summer to include measures to end the near blanket prohibition on abortion and introduce same sex marriage.

The current speaker, Robin Newton, said a new speaker would need to be in place before the assembly could turn to such a legislative bid.

Newton said a further sitting of the assembly would be required to consider the bill and highlighted that the suspension of standing orders required cross-community support.

Here’s some footage, via the BBC’s Mark Simpson, of the DUP leader, Arlene Foster, appealing to Newton.

Pro-choice supporters pose as they gather at Parliament buildings on the Stormont Estate in Belfast as some of Northern Ireland’s assembly members prepare to return to the chamber for the first time in nearly three years.
Pro-choice supporters pose as they gather at Parliament buildings on the Stormont Estate in Belfast as some of Northern Ireland’s assembly members prepare to return to the chamber for the first time in nearly three years. Photograph: Paul Faith/AFP via Getty Images

Updated

Lunchtime summary

• Downing Street has insisted that MPs must be given “a straight up and down” vote on its Brexit deal amid speculation that the Speaker, John Bercow, will not permit it to take place.
The government also said that any attempt by MPs to add a customs union to the government’s Brexit deal would be “procedural tricks” intended to frustrate departure.
The expectation is that Bercow will not permit such a vote given that the deal was debated by MPs on Saturday, and a backbench amendment attached, putting off final approval until the legislation surrounding the plan is agreed.

• The unconventional “form” of Boris Johnson’s extension request is irrelevant to the EU, the European commission has confirmed, as Germany’s economic affairs minister said “it goes without saying” that a further Brexit delay would be granted.
Peter Altmaier, a key ally of the German chancellor, Angela Merkel, said he believed either a technical extension to allow extra time for legislation to pass, or a longer period to accommodate a general election or second referendum would be offered.

• Scotland’s most senior judge, Lord Carloway, has rejected a call by the UK government to end a case examining whether Boris Johnson broke a promise that he would not try to sabotage the request for a Brexit extension.
After losing a Commons vote on Saturday on delaying his deal, Johnson sent an unsigned copy of the letter required by the Benn act but also sent another, personal, letter to Brussels that asked EU leaders not to agree to an extension. The judge said he would continue with the case until it was clear that Downing Street had complied with the act in full.

• Northern Ireland’s unionist parties have recalled the Stormont assembly today in a last-minute attempt to stop the decriminalisation of abortion from coming into effect.
The region’s restrictive abortion laws are set to change at midnight on Monday after the Commons voted last July to bring reproductive rights in Northern Ireland into line with the rest of the UK.

This is Ben Quinn picking up the blog now from Frances Perraudin.

Updated

Northern Ireland’s unionist parties have recalled the Stormont assembly today in a last-minute attempt to stop the decriminalisation of abortion from coming into effect, my colleague Daniel Avelar reports.

The region’s restrictive abortion laws are set to change at midnight on Monday after the Commons voted last July to bring reproductive rights in Northern Ireland into line with the rest of the UK.

This will be the first time in nearly three years that the parliament in Belfast has met, since legislators from the Democratic Unionist party (DUP) and Sinn Féin nationalists failed to reach a power-sharing agreement after the devolved government collapsed in January 2017.

The recall follows a petition promoted by anti-abortion campaigners and signed by 31 members of the legislative assembly (MLAs), aiming to put abortion rights back in the hands of local politicians.

MLAs would need to form an executive before the midnight deadline to block the abortion reform, but that is highly unlikely as nationalist parties said their members would not attend today’s session.

Arlene Foster, the DUP leader, defended the recall, saying it would allow MLAs to “debate the issue” of abortion in Northern Ireland, while a Sinn Féin spokesperson called it a “pointless political stunt”.

As well as the decriminalisation of abortion, same-sex marriage is also due to become legal on Tuesday after a separate Westminster vote in July.

Here’s the full report from the Guardian’s Ireland correspondent Rory Carroll.

Abortion-rights demonstrators march through the streets of Belfast ahead of a meeting of the Stormont Assembly on abortion rights and gay marriage.
Abortion-rights demonstrators march through the streets of Belfast before a meeting of the Stormont assembly on abortion rights and gay marriage. Photograph: Charles McQuillan/Getty Images

Updated

Scottish judges to continue case into legality of Johnson's letters to Brussels

The Guardian’s Scotland editor, Severin Carrell, is in court in Edinburgh where Lord Carloway has rejected a call by the UK government to halt proceedings because the prime minister has met his legal requirements under the Benn act. (See my earlier post.)

The judge said he would continue with the case until it was clear that Downing Street had complied with the act in full – ie sought and, if it is offered, accepted a Brexit extension from the EU. A date for the next hearing is yet to be fixed.

Updated

Lisa Nandy to support Brexit bill at second reading

Labour MP Lisa Nandy has said that she would support the withdrawal agreement bill (the WAB) at second reading. Speaking on the BBC’s Politics Live, she said MPs should be able to debate the substance of the bill and the terms on which we leave the EU before approving the deal (as per the Letwin amendment) and to do it the other way around (passing the meaningful vote before debating the WAB) was “holding the country to ransom” with the threat of no deal.

She said she would support the bill at second reading but that the big question was what comes next.

She tweeted this this morning:

Updated

The Brexit secretary, Stephen Barclay, is appearing at the Lords EU select committee, where he is talking about “scrutiny of Brexit negotiations”.

“I think the deal is a win, not just for the UK, but for the EU as well, who want to see the UK leave in a smooth and orderly way. And it was obviously frustrating, I think, for many of us on Saturday that we were not able to have the meaningful vote,” he said.

Barclay said MPs had already voted on a range of amendments through the indicative vote process and rejected them. He said the Letwin amendment represented a “moving of the goalposts” from the opposition claiming they were concerned about the prospect of no-deal Brexit to them saying the concern was now about wanting more time.

He keeps describing the withdrawal agreement as “the winding down arrangements” and stressing that there will be a lots of issues for MPs to debate when it comes to the “future arrangements”.

Stephen Barclay is appearing before the Lords EU select committee.
Stephen Barclay is appearing before the Lords EU select committee. Photograph: Screengrab/Parliament TV

Updated

The Guardian’s Scotland editor, Severin Carrell, is in court in Edinburgh where Scotland’s most senior judge, Lord Carloway, and two other judges will hear allegations that the prime minister broke a promise he made to the court that he would not try to sabotage the request for an extension.

The UK government’s lawyers pledged in writing and in court this month that the prime minister would honour the provisions of the Benn act, seeking an extension to article 50 if he failed to get a Brexit deal passed by 19 October.

After losing a Commons vote on Saturday on delaying his deal, Johnson sent an unsigned copy of the letter required by the act but also sent another, personal letter to Brussels that asked EU leaders not to agree to an extension.

Lawyers for three anti-Brexit campaigners are expected to argue that these steps are a clear breach of the government’s promises to the court. If the three judges find Johnson is in contempt, he could theoretically face a fine or even jail.

Here’s Severin’s curtain raiser article. He’ll also be tweeting from court.

Updated

The Guardian’s deputy political editor, Rowena Mason, has this from the morning’s lobby briefing.

No 10 confirmed that the government will pull the meaningful vote if anyone tries to amend it with a “Letwin 2”-style change. This is all pretty hypothetical as John Bercow, the Speaker, seems likely to rule it out of order this afternoon.

Why is the government so keen on a meaningful vote when it also needs to pass a withdrawal agreement bill? The theory is that if it passed, then Boris Johnson would try to rescind his request to the EU for an article 50 extension, arguing MPs have given their consent for a deal. This morning, No 10 refused to comment on whether this ruse could be tried.

Updated

European commission is considering Brexit extension

The European commission has confirmed that – despite the prime minister’s unconventional approach to requesting a further Brexit delay – Brussels is considering the terms of a further prolongation of the UK’s membership.

A European commission spokeswoman said:

President Tusk is now consulting leaders of the EU27 on this and it is first and foremost for the UK to explain the next steps. We from our side, of course, follow all the events in London this week very closely.

What I can also add, the ratification process has been launched on the EU side. Michel Barnier debriefed EU ambassadors of the EU27 yesterday and he will debrief the European parliament’s Brexit steering group this afternoon in Strasbourg. And as I mentioned, he will also debrief the college of commissioners.

The request to extend article 50 was made by the UK’s permanent representative to the EU. President Tusk acknowledged receipt of the request on Saturday and stated that he’s now consulting with the EU27. So this form does not change anything.

Updated

Lobby journalists are reporting that No 10 will pull the meaningful vote motion this afternoon if the Speaker allows amendments to it that render it “meaningless”. “There is no point in having a meaningless vote,” said the PM’s spokesman.

Updated

Another MP who previously backed a customs union is saying he would not support such an amendment this time.

My colleague Kate Lyons has this round-up of today’s papers. Some are angry at what they see as Labour’s attempts to – as the Daily Mail puts it – “cancel Brexit by sabotaging withdrawal legislation”.

Updated

The FT’s Sebastian Payne has a little bit more on how the afternoon could unfold.

Updated

Buzzfeed’s Alex Wickham has been doing the maths on which MPs could back an amendment for a customs union.

Damian Green, a Tory MP and former member of Theresa May’s cabinet, has said that he would not vote for such an amendment.

Updated

This is from the BBC’s political editor, Laura Kuenssberg. We should find out around 2.30pm if Bercow is likely to allow the “meaningful vote” this afternoon.

Updated

Government will introduce Brexit bill to Commons today

The government has confirmed that its Brexit bill, which enshrines the prime minister’s deal with the EU into UK law, will be published later today.

A press release from the Department for exiting the European Union reads:

This deal abolishes the backstop in the old deal. The Government put forward a reasonable compromise, based on the key principles of consent for the people of Northern Ireland, and the UK leaving the EU Customs Union whole and entire, which was agreed at European Council last week. The EU (Withdrawal Agreement) Bill puts those internationally agreed obligations into domestic law.

This week MPs will have the chance to pass this bill, to respect the result of the referendum and to leave with a deal on October 31 in an orderly and friendly way. MPs voted overwhelmingly to trigger Article 50 in 2017 to start the process of leaving the EU and supporting this bill is the final stage to make that happen. This will allow the country to move on and for the Government to return its focus to delivering on the people’s domestic priorities: investing in the NHS, tackling serious and violent crime, and levelling up funding on schools.

The Brexit secretary, Steve Barclay, is quoted:

MPs and Peers will today have in front of them a bill that will get Brexit done by October 31, protect jobs and the integrity of the UK, and enable us to move onto the people’s priorities like health, education and crime.

Updated

Hugo Dixon, an anti-Brexit campaigner, has written this piece of analysis, accusing Boris Johnson of “peddling untruths and spraying around promises”.

Updated

Joanna Cherry supports extending Brexit negotiations until end of 2020

The SNP’s Joanna Cherry QC, who was involved in recent legal action aimed at forcing Boris Johnson to comply with the Benn act, has said she supports extending Brexit negotiations until the end of 2020 if needed for a second referendum.

Appearing on the BBC’s Good Morning Scotland, she was asked if she would back an extension until the end of next year. “Yes, I would,” she replied. “Because the current deal that’s been negotiated by Boris Johnson is immensely damaging to the British economy and particularly for Scotland.”

She pointed out that her party backed a second Brexit referendum at its autumn conference last year. “We need to get a government in place to deliver the referendum and I don’t see Boris Johnson’s government doing that,” she said. “The SNP has been very clear that Boris Johnson should be removed from office once an extension is obtained.”

The SNP’s Joanna Cherry was involved in recent legal action aimed at forcing the prime minister to comply with the Benn act.
Joanna Cherry was involved in recent legal action aimed at forcing the prime minister to comply with the Benn act. Photograph: Isabel Infantes/AFP via Getty Images

Updated

Rishi Sunak, the chief secretary to the Treasury, spoke to the BBC’s Today programme earlier this morning. He said that any attempt by MPs to add a customs union to the government’s Brexit deal would be “procedural tricks” intended to frustrate departure.

Sunak said the Speaker, John Bercow, should grant the government a second Commons vote on its deal on Monday, and that it would be “slightly odd” if he did not.

“People who are wanting to amend legislation are ultimately wanting to frustrate, delay or cancel Brexit altogether, and we should be clear about that,” he said.

“We have a deal that has been negotiated with the EU, that they themselves are happy with, and now want to get on with. I think everyone will look at that and think, this isn’t the time for more games in parliament, more amendments, more procedural tricks, which are just covers for trying to frustrate Brexit altogether.”

Here’s our story:

Updated

This from the Guardian’s Brussels bureau chief on Jim Shannon’s earlier statement on a customs union.

Updated

Here’s a useful flow chart explaining what could happen this afternoon and beyond. Regardless of the possible meaningful vote this afternoon, the withdrawal agreement bill (WAB) is being introduced in the Commons today. A vote on second reading could come as soon as tomorrow.

Guardian graphic
Guardian graphic

Here’s a useful explainer from our deputy political editor, Rowena Mason.

Updated

Jim Shannon: DUP cannot support a customs union

The DUP’s Jim Shannon has told Sky his party would not support an amendment that would keep the UK in a customs union with the EU.

Labour’s Hilary Benn told BBC Breakfast there would likely be an amendment “seeking to put this whole deal back to the British people”, and another saying “we should remain in the customs union”.

A customs union amendment was thought to have a chance of succeeding – more of a chance than a second referendum amendment – but it would probably require support from the DUP.

The DUP rejected Johnson’s deal because it would require a border in the Irish Sea – a UK-wide customs union could solve that problem.

Updated

A local branch of the Welsh nationalist party Plaid Cymru has announced it will contest Labour MP Chris Bryant’s seat if he succeeds in becoming Speaker, in a departure from parliamentary convention.

In a statement, Rhondda Plaid said: “The Rhondda is not Buckingham, the constituency of the current Speaker, John Bercow. The Rhondda has some serious social issues that need sorting out and need the attention of a dedicated, full-time MP. The Rhondda can ill-afford to be represented by a parliamentarian more concerned with pomp than poverty.

“The people of the Rhondda should not be denied a say on who represents them at Westminster while so many levers of powers are retained by the UK government. The Rhondda deserves to choose who their next MP is; Plaid Cymru will ensure that there is a choice at the next general election if Chris Bryant is elected as Speaker in the House of Commons.”

House of Commons convention dictates that Speakers are elected unopposed; however, the Conservative party recently announced it would contest Bercow’s seat in Buckingham if he remained in the role going into the next election. There is a creeping erosion of respect towards some parliamentary traditions.

Bryant, MP since 2001 for the Rhondda Valley, a former coalmining area in South Wales, has a 14,000-vote majority in the seat over Plaid Cymru, which came second in 2017. The former junior minister is not considered the frontrunner for the role, with the former deputy prime minister Harriet Harman highly tipped, but he has been attempting to woo colleagues.

Over the weekend, he declared the Independent Parliamentary Standards Authority should consider financial provisions to cover childcare costs for MPs when they have to attend parliament on a Saturday, when the Commons nursery is closed.

Chris Bryant will stand in the race to be the next House of Commons speaker.
Labour MP Chris Bryant will stand in the race to be the next House of Commons speaker. Photograph: STRINGER/Reuters

Updated

Lord Pannick: the PM did not act unlawfully "on this occasion"

Lord Pannick QC, who led the successful challenge to the legality of the prorogation of parliament, has been speaking to the BBC’s Today programme.

Asked about Boris Johnson’s move to send a letter to the EU requesting an extension – as required under the Benn act – but declining to sign it, Pannick said he thought that “on this occasion” the prime minister was on the right side of the law.

The Benn act required him to send a letter to the president of the European council seeking an extension and that’s what he’s done. The act doesn’t requite that he sign the letter. The purpose of the act is to ensure that the EU can now make us an offer for an extension. If they do, the Benn act requires that the government accept it, so the Benn act has achieved its purpose. The act doesn’t require the prime minister to abandon his political objectives and beliefs that we should leave on the 31st. I don’t think that he’s acted unlawfully.

Pannick said he was bound by the Benn act to accept an extension unless he gets legislation through parliament by the 31st and gets approval for his deal. “And I very much hope that is achieved,” he said.

Updated

The European Research Group chairman, Steve Baker, spoke to the Today programme a little earlier. He did not explicitly rule out backing the deal if it is amended to include a customs union arrangement but said he would reconsider his support.

“The advice I gave to my Eurosceptic colleagues is we should, number one, back the deal,” he said. “Number two, vote for the legislation all the way through unless, it has to be said, it was wrecked by opponents, in which case we would have to take a view.

Baker called on the DUP to “choke down extremely difficult compromises” and back the PM’s Brexit deal. “For people like me, for vast areas of that withdrawal agreement are unchanged, and we are going to have to choke down our pride and vote in the national interest to get Brexit done,” he said.

I’m not going to deny there are still problems with that withdrawal agreement, which I’ve long complained about. We’re going to compromise in the national interest to get us out of the European Union on time and I’m afraid I’m asking the DUP, just as we’re having to choke down extremely difficult compromises to get out in the national interest … I would ask the DUP to accept this compromise.

European Research Group chairman Steve Baker
Steve Baker, the European Research Group chairman, urged the DUP to ‘choke down extremely difficult compromises’. Photograph: Will Oliver/EPA

Updated

Today’s Commons order paper has events kicking off in parliament with defence questions at 2.30pm, which will wrap up around 3.30pm. The following “meaningful vote” motion could then be put to MPs:

That this house approves for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act 2018 the following documents laid before the House on 19 October 2019:

(1) the negotiated withdrawal agreement titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community;

(2) the framework for the future relationship titled Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom;

(3) the unilateral declaration by the UK titled Declaration by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the operation of the Democratic consent in Northern Ireland provision of the Protocol on Ireland/Northern Ireland.

A note on the order paper reads: “The Speaker plans to make a statement on proceedings on this motion immediately after defence questions.”

Updated

Here’s an interesting Twitter thread from Hannah White, the deputy director of the Institute for Government. She says she would be very surprised if Bercow were to allow another “meaningful vote” motion.

Updated

Good morning and welcome to Politics Live on what promises to be another jaw-dropping day in Westminster. I’m Frances Perraudin and will be taking you through all this morning’s developments before handing over to my colleague Ben Quinn this afternoon.

Boris Johnson is going to make another attempt at getting his Brexit deal past MPs today after he failed to do so on Saturday. In a special sitting of parliament this weekend, Oliver Letwin, the former Tory minister, managed to amend the motion so that parliament withheld its support until MPs were able to pass the full Brexit legislation and properly scrutinise the deal. The amendment forced Johnson to send a letter to the EU requesting a three-month extension to article 50, which Brussels is considering.

Undeterred, Johnson will have another go at winning parliamentary backing for his Brexit deal in a straight yes or no vote this afternoon. This would be a move to show support for his EU withdrawal agreement before MPs have the chance to scrutinise the full legislation and attach amendments.

The Speaker, John Bercow, could block Johnson holding another “meaningful vote” on the deal today, because the prime minister tried and failed to do so on Saturday, meaning parliament would be considering the same matter twice.

The Labour party said last night that it would seek the backing of rebel Tories and the DUP for amendments that would force him to drop the deal – or accept a softer Brexit. You can read our full story here:

According to an analysis of likely voting intentions by the Guardian’s political team, support for Johnson’s deal is still on a knife-edge, despite senior ministers claiming he has the numbers to get it through.

Johnson appears to have got all of his 287 voting MPs on board with his plan, including his brother, Jo Johnson, who backed a second referendum but voted with the government on Saturday.

He also has about 20 former Conservatives who left the party or had the whip suspended, plus likely votes from about eight Labour MPs.

Another three independent MPs – former Labour ministers Ian Austin and Frank Field, plus former Liberal Democrat Stephen Lloyd – are all expected to back him.

Note: 639 of 650 MPs vote. Two MPs likely to abstain. Excluded are Sinn Féin's seven MPs, who refuse to sit in the Westminster parliament, and the Speaker, plus his three deputies, who do not usually vote
Note: 639 of 650 MPs vote. Two MPs likely to abstain. Excluded are Sinn Féin’s seven MPs, who refuse to sit in the Westminster parliament, and the Speaker, plus his three deputies, who do not usually vote

You can contact me on Twitter on @fperraudin and leave comments below the line.

Updated

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