Evening summary

We’re now going to end our live coverage of events today in politics, following yet another another damaging day for the government in the Commons.

Here’s a summary of the latest events:

  • Amid chaotic scenes, the Speaker was criticised by Tory Brexiters for allowing the procedural amendment, effectively obliging the government to offer an alternative plan if the current proposal is voted down, as is expected by many.
  • John Bercow also suggested changes to Commons procedures that could significantly weaken the authority of the executive, effectively conceding that he was going against precedent by saying that precedent should sometimes be ignored, since otherwise “manifestly nothing .. would ever change”.
  • Theresa May hosted a drinks reception for backbench MPs at Downing Street as she continued her charm offensive ahead of the vote on her Brexit deal on Tuesday.
  • Emerging from 10 Downing Street this evening, Jacob Rees-Mogg denied he wanted a hard Brexit. “I’m all in favour of getting a deal, I just don’t like the deal that’s on offer at the moment,” he told reporters.
  • Labour MP and Mother of the House Harriet Harman called for a Westminster conference to tackle the abuse of politicians as soon as possible after Tory MP Anna Soubry was harassed as she attempted to enter Parliament this week.
  • Hugo Swire, the Tory MP whose amendment means that the government has accepted six new conditions related to the backstop, reportedly conceded that it cannot override the withdrawal agreement.
  • Sources close to the European Research Group have told the BBC’s Laura Kuennsberg that the amendment may cause a small number of rebels to support the government, “but it is not a game changer”.
  • It emerged that the government quietly awarded a number of leading global consultancy firms with Brexit-related contracted, Sky News reported.
  • The Brexit secretary Stephen Barclay announced that the government shall accept an amendment from a government loyalist to its Brexit motion involving six “concessions”. However, the plans were roundly dismissed as insignificant and undeliverable.
  • Sir Keir Starmer, the shadow Brexit secretary, said he does not think Brexit can happen by 29 March and that extending article 50 “may well be inevitable”. Two of his shadow cabinet colleagues also said Labour will almost immediately table a no confidence motion in the government if it loses Tuesday’s vote.

Thanks for reading this live blog. For those looking to read more, Guardian political correspondent Jessica Elgot has this report on John Bercow.

The EU withdrawal agreement debate is still chugging along, presided over by the Speaker John Bercow.

Liberal Democrat MP Jo Swinson has renewed calls for a People’s Vote - an increasingly popular option within the House of Commons, and one which this newspaper supports – applauding members of Parliament for “coming together beyond party lines to push for the public to have a final say on the deal”.

She restated that the UK’s interests are best served within the European Union, criticising the fact that “the energy of parliament has been sucked into the black hole of Brexit”, and stressing that leaving the EU will not enrich the UK – contrary to “the fantasies of the leave campaign.”

Labour MP Chris Elmore also said he will not vote for the deal since he “will not vote for my constituents to be poorer”.

Labour MP Pat McFadden said there have been no substantial changes to the proposals presented to MPs today, and that the agreement’s flaws go far beyond just the Northern Ireland backstop.

Owen Smith, the former Labour party leader candidate, has said that the proposed deal will make people poorer and will in fact cede sovereignty to the EU. “A deeply ironic state of affairs, not what was promised” he says, adding that the UK is increasingly becoming a “laughing stock” around the world.

Tory MP Julian Knight said that despite being “deeply concerned” by the backstop, he now supports the withdrawal agreement.

Harriet Harman and Ken Clarke are to call for a Westminster conference to tackle the abuse of politicians after Tory MP Anna Soubry was harassed as she attempted to enter Parliament this week.

The Mother of the House, Harman, said she wanted the conference to happen “immediately” and said it should not have to wait until after the UK is scheduled to leave the EU on March 29, adding that there has been an upswing in abuse against all MPs since Brexit.

“Are all MPs expected to be as fearless as Anna Soubry?” said Harman, adding there had been “too much hand-wringing” but no action to tackle the problem.

“We don’t want to drift into a situation where is does actually become dangerous to be an MP or you’ve got to risk danger, but we have to get the balance right, nobody wants MPs to be feather-bedded.

“We don’t want MPs who are looking over their shoulder, who are keeping their heads down, not holding open surgeries, who don’t travel on their own because they don’t want to come back late at night, this is all actually happening.”

The MP for Camberwell and Peckham spoke of how she had received death threats but didn’t report it for years because “I didn’t want to look like a victim or that I couldn’t stand up for myself”.

Harman said the Speaker John Bercow was keen to support the conference, and that she hopes organisation can begin from next week.

Owen Jones, the Guardian columnist, tweeted earlier:

Both me and Anna Soubry are white middle-class people in positions of privilege. We need to start talking about the abuse whipped up by the media against benefit claimants, migrants, refugees, and Muslims which doesn't end up becoming headline news.

— Owen Jones🌹 (@OwenJones84) January 9, 2019

Updated

Anti-Brexit campaigners warned backbench MPs as they arrived at Downing Street for a drinks reception tonight that voting for Theresa May’s Brexit deal will lead to “the mother of all hangovers”.

BREAKING: OFOC and @FFSake_ members welcome MPs to Theresa May’s drinks reception!

Making sure that all MPs know that voting for this Brexit deal will lead to the mother of all hangovers! pic.twitter.com/00I4OCBBfP

— Our Future, Our Choice (@OFOCBrexit) January 9, 2019

It is the second such event so far this week as May seeks to gain support for her proposed deal more informal settings than the Commons ahead of the withdrawal agreement vote on Tuesday.

Jacob Rees-Mogg, chair of the influential European Research Group, was among those in attendance, with much resting on whether May can depend on the support of the arch-Brexiteers within her party.

The Guardian’s political editor Heather Stewart has taken stock of what the PM has left to offer her MP’s: very little.

Kevin Schofield, Politics Home editor, tweets:

At Theresa May’s Downing St drinks tonight to woo Tory MPs over her Brexit deal, Tracey Crouch talked about football for most of it and then left early to go to the gym. Maybe they should make her sports minister.

— Kevin Schofield (@PolhomeEditor) January 9, 2019

Updated

Seven former Speakers of the House of Commons have been executed, writes John Crace, the Guardian’s parliamentary sketch writer.

To judge by the looks on the faces of many on the government benches, John Bercow came dangerously close to becoming the eighth.

Nicholas Watt, BBC Newsnight’s political editor, tweets that Tory MP and government loyalist Hugo Swire has admitted his amendment cannot override the withdrawal agreement.

Hugo Swire admits to me that his amendment could not override the withdrawal agreement. But he says that, if passed, Theresa May could use it show what parliament needs to approve her #brexit deal

— Nicholas Watt (@nicholaswatt) January 9, 2019

Swire’s amendment means that the government would accept six new conditions relating to the backstop. However, these have been dismissed by an expert as mostly meaningless or undeliverable; while Jacob Rees-Mogg has said the Swire amendment would, in an case, by “trumped by the withdrawal agreement”.

Sources close to the European Research Group have told the BBC’s Laura Kuennsberg that the amendment may cause a small number of rebels to support the government, “but it is not a game changer”.

Updated

The Guardian’s associate editor Martin Kettle writes that John Bercow bravely and corrected allowed for a vote on the Grieve amendment, empowering parliament against the government on Brexit at a pivotal moment.

John Bercow can sometimes seem to be auditioning to play Shakespeare’s Malvolio. The House of Commons Speaker has at times a comic degree of self-esteem that is the equal of the arrogant steward in Twelfth Night. Like Malvolio, Bercow can also drive colleagues to distraction, as he did today. Today, though, Bercow took a brave stand to empower Britain’s parliament against Britain’s government on Brexit. And that qualifies him to be considered the most radical holder of his office in generations. Like Malvolio, a version of greatness has been thrust upon him.

The vast majority of people are understandably not well versed in Commons procedure. So it may seem strange to claim that a decision to allow an amendment to be moved on a Commons timetable motion – and with no debate – is in any way immense. Nevertheless, Bercow’s decision to allow the all-party effort, led by the Conservative former attorney general Dominic Grieve, to tie the government’s hands – it must come back with a plan B within three days if the Brexit deal is defeated next week – deserves such accolades.

Updated

Steve Bell’s cartoon on events today in Parliament:

Parliament is biased towards Remain and is “doing everything in its power” to obstruct the Leave votes of 17.4 million, claims the pro-Brexit group Change Britain.

After MP’s today voted to force Theresa May to promptly present them with a new Brexit plan if her current proposal is voted down – sparking chaos and accusations that the Speaker John Bercow exhibited partiality in allowing Dominic Grieve, the Tory MP that supports a second referendum, to make the initial amendment – the Change Britain chair Gisela Stewart said:

This Remain Parliament is doing everything in its power to obstruct the Leave votes of 17.4 million. Voters quite rightly expected their politicians to respect the result of the referendum and implement it accordingly.

But pro-EU MPs seeking to use every parliamentary trick in the book to block Brexit are simply damaging the public’s trust in democracy. ‘People voted to take back control as they felt politicians had failed to listen to their concerns for years.

The actions of Remain MPs today suggest they have no intention of changing this any time soon.

Updated

The government has awarded a number of leading global consultancy firms with Brexit-related contracts worth £75m, it has emerged.

Sky News reports that the deals were brokered in April and had not been widely announced, with details of the plans discreetly published on a government website just before Christmas, eight months later.

In contrast to a certain start-up ferry company, all of the companies involved are well-known – including Deloitte, Accenture, PwC, Bain, McKinsey and Boston Consulting.

Each company received a contract for “the supply of Cabinet Office consultancy support for EU Exit” worth between £5m and £10m, according to the report.

Updated

Rushanara Ali, the Labour MP, has just delivered a speech stating that she will not be supporting the government’s deal. Following the dramatic events in the House of Commons today, she sums up a feeling likely to be shared among MPs from all parties.

“[Theresa May] is holding a metaphorical gun, Mr Speaker, to our heads, by giving us this false choice between her deal and no deal. It is utterly irresponsible and she .. and her ministers need to stop doing that. We will not accept this false choice.”

The MP for Bethnal Green & Bow quotes figures released by the Bank of England that warned a no-deal Brexit could shrink the UK economy by 8%, with unemployment rising as inflation spiralled out of control. This would be “catastrophic,” she says.

“My constituency will be among the worst off, as will be many other constituencies in terms of job losses under a no deal situation.”

According to the UK Trade Policy Observatory and the University of Sussex, thousands of people in her constituency would lose their jobs. “There is no majority for crashing out of the EU with no deal,” she says. “And yesterday’s amendment to the finance bill demonstrates that.

I believe that there is a majority Mr Speaker, in seeking to secure a permanent customs union and single market access, and the government should be seeking to do that. And as the government is running down the clock, article 50 must be revoked.

But of course, the best deal we have on offer is membership of the EU. The government promised the exact same benefits and they now offer something that is going to be damaging to our economy.

Afternoon summary

  • John Bercow has infuriated Tory Brexiters by allowing MPs to vote on Dominic Grieve’s procedural amendment. Bercow also floated the possibility of changing Commons procedure in a way that could weaken the authority of the executive very significantly. He allowed the vote despite being advised by clerks that the amendment was inadmissable. When challenged about this in a rowdy, hour-long series of points of order, Bercow effectively admitted he was going against precedent by saying that sometimes precedent should be ignored. He told MPs:

To some of the concerns that have been expressed, I understand the importance of precedent, but precedent does not completely bind, for one very simple reason ... If we were guided only by precedent, manifestly nothing in our procedures would ever change. Things do change. I have made an honest judgment.

Bercow also, in response to a question from Iain Duncan Smith, implied that in future he might regularly interpret the rules in such a way as to make it easier for opposition or backbench MPs to try to amend business motions. In theory, this could could make it much harder for a government to get its business through the Common - although in practice it is always possible for a government with a majority to change Commons rules closing loopholes of this kind. This Twitter thread, by the former Tory aide Chris White, contains a a good summary of the issue.

The Speaker's ruling to allow the Grieve amendment to be tabled to the Government's Business of the House motion (which has now passed by 308 votes to 297) has two practical impacts:
1⃣ If the Govt loses the MV next week it will have to announce Plan B in Parliament in 3 days 1/

— Chris White (@cgwOMT) January 9, 2019

The BBC’s Mark D’Arcy also has a good summary here. He concludes:

I don’t want to delve too deeply into the arcana of business of the House motions only amendable by ministers of the crown, but this drove a coach and horses through accepted normal practice, and will have huge implications for the course of Brexit.

The decisions will come much faster, and potentially, those plotting an alternative course to the PM’s would have more space in which to work.

And it may also set a sweeping precedent allowing MPs far more grip over their debates, on Brexit and pretty much anything else.

If such a precedent can be made to stick, it would be a huge blow against any government’s accustomed control over the business of the Commons.

This is the biggest thing the speaker has done, or is likely to do, easily eclipsing his decision to allow an extra amendment to the 2013 Queens’ Speech, kicking off the Commons campaign which ultimately led to an EU referendum becoming official Conservative policy.

  • Stephen Barclay, the Brexit secretary, has announced that the government is accepting an amendment to its Brexit motion involving six “concessions” that would supposedly give MPs more say over the introduction of the backstop and make the deal conditional on Brussels offering “further assurance”. (See 3.22pm.) But one expert has dismissed them as mostly meaningless or undeliverable. (See 4pm.) And Steve Baker, a leading Brexiter MP, has dismissed the amendment as “flimsy rubbish”.

Leading Brexiteer @SteveBakerHW on Swire amendment that has been sanctioned by @theresa_may:
“This flimsy rubbish will only persuade those who have decided to be persuaded. Most of us have made our decision on the Treaty text, which is what matters.”

— Robert Peston (@Peston) January 9, 2019
  • Sir Keir Starmer, the shadow Brexit secretary, has said that he does not think Brexit can happen by 29 March and that extending article 50 “may well be inevitable”. (See 3.52pm and 5.02pm.) Two of his shadow cabinet colleagues have also said that Jeremy Corbyn will table a no confidence motion in the government almost immediately if May loses the Brexit vote next Tuesday. (See 10.05am.)

That’s all from me.

My colleague Mattha Busby is now taking over.

Updated

Here are three articles worth reading about John Bercow’s procedural ruling today.

The real point about Bercow’s actions is the furious accusations of party bias that it has provoked from his critics. “The political impartiality of the Speaker is a key feature of the office, while the role’s authority has developed over time alongside other procedural reforms” intones the Commons guide to the office of Speaker. It’s one thing to stand up for backbenchers against a powerful executive. It’s quite another to use the office to advance a political cause.

In the end, the judgment will rest on whether the failure of government and parliament as a whole to find any grounds for agreement on Brexit legitimises intervention on one side by the Speaker – or whether instead it marks a wanton disregard for the rule of law. Everyone knows where unchecked law-breaking can lead. The Speaker takes a grave risk when he appears to ignore the rules. At the least, it makes it harder to insist the government observes the rules next time.

Sir David Natzler, the Clerk of the Commons and the authority on parliamentary procedure, advised Mr Bercow on Wednesday morning that the Grieve amendment “should not be touched” because it went against the “standing orders of the House”.

Mr Bercow was told twice by the clerks that the amendment should not be accepted. However a source said he was “livid” and refused to accept their advice, referring to them as a “gaggle”.

After overruling Sir David, Bercow went ahead and selected the amendment before heading directly for the Chamber. Shortly before prime minister’s questions Julian Smith, the chief whip, approached Mr Bercow in the Speaker’s chair to challenge his decision.

Allowing the amendment to be tabled, he argued, would damage parliament. He was dismissed by Mr Bercow, who was overheard saying as Mr Smith returned to the Tory benches that he wouldn’t be “bullied” by Conservative whips.

Today Speaker Bercow told the House of Commons that he could disregard precedent and change procedure as he wished, while admitting that he hadn’t fully thought through the implications of this. The reason, for those who are understandably befuddled by this row, that there were so many points of order is that Bercow had decided to accept an amendment to the business motion for today’s Brexit debate which would give May just three days to return to the Commons with new plans if her Brexit deal fails to pass next week’s meaningful vote. It has been reported that Bercow was advised by the clerks that such an amendment was not in line with Commons procedure, and Bercow as good as admitted that today, telling Jacob Rees-Mogg that he would reflect on the points that he had made. This shows that the Speaker has not thought through the precedent that his own actions would set.

On the subject of delaying article 50 (see 5.02pm), it is worth quoting in detail what Theresa May said about this at PMQs in response to a question from the Tory Brexiter Julian Lewis. Lewis said:

According to that invaluable website TheyWorkForYou, the prime minister has assured the House on no fewer than 74 previous occasions that we will be leaving the EU on 29 March. Will she categorically confirm today that there is absolutely no question at all of delaying that date?

And May replied:

I am happy to repeat what I have said previously—that we will be leaving the European Union on 29 March. I want us to leave the European Union on 29 March with the good deal that is on the table.

You’ll notice that May did not give Lewis the absolute assurance that he wanted.

This is not the first time May or one of her ministers has said something implying an extending article 50 is now being seen as a possible option, although Number 10 has said publicly that this will not happen.

According to the Telegraph’s Jack Maidment, 17 Tory MPs rebelled against the government and voted for the Grieve amendment.

New: 17 Tory rebels on the Grieve amendment.
Allen, Boles, Clarke, Djanogly, Greening, Grieve, Gyimah, Johnson, Lee, Letwin, Mitchell, Morgan, Neill, Sandbach, Soubry, Vaizey, Wollaston.

— Jack Maidment (@jrmaidment) January 9, 2019

Photo du Jour: A Brexit demonstrator outside the Houses of Parliament in London today. By Stefan Rousseau/PA pic.twitter.com/ATMgOF47vP

— Stefan Rousseau (@StefanRousseau) January 9, 2019

Sky’s Beth Rigby says she has been told Jeremy Corbyn will call for an extension of article 50 in a big Brexit speech he is giving tomorrow morning.

Other issue we’ve been talking about on @skynews is what does @jeremycorbyn do next. Confidence Vote & then? Labour source tells me they expect him to call for extension of A50 in speech tomorrow. Would certainly help him avoid the option he really doesn’t like; a 2nd referendum

— Beth Rigby (@BethRigby) January 9, 2019

She also says that someone else has told her not to expect that (although it is not unusual for parties, when they plan to make news with a particular announcement, to discourage journalists from reporting it too early).

Another Labour shadow cabinet source tells me not expecting this, but significant that Starmer chose to raise it at the dispatch box. And surely Corbyn would prefer that option to the 2nd ref..... https://t.co/UW4HSmrhBI

— Beth Rigby (@BethRigby) January 9, 2019

In the Commons earlier Sir Keir Starmer, the shadow Brexit secretary, said that he did not think it would be possible to leave the EU on 29 March. (See 3.52pm.) He also said extending article 50 “may well be inevitable”.

"There is a question of extension of Article 50 - and that may well be inevitable now given the position that we are in."

Labour's @Keir_Starmer warns the UK must avoid a "no-deal" Brexit.

Read more: https://t.co/4ceouHGwY2 pic.twitter.com/eRf2shUgvL

— Aubrey Allegretti (@breeallegretti) January 9, 2019

At various points in the Brexit saga Labour has called for things which the government has subsequently adopted. Starmer (as he reminded MPs in the debate today) first demanded a “meaningful vote”, which has now more or less been conceded (depending on how you define it). Labour also said the UK should offer a unilateral guarantee that EU nationals living in the UK will retain the right to stay whatever happens, which the government for a long time resisted, but eventually accepted.

Labour called for a transition period and, after delaying, the government did accept that that would be necessary. And then Labour called for a permanent customs union with the EU, which is similar to what is implied by the Chequers plan and the political declaration, even though the government insists that technically the UK would not be a member.

Updated

Andrew Mitchell, the Tory former chief whip and former international development secretary, is speaking now. He says he does not often speak on Brexit. But he is intervening to say he is opposed to Theresa May’s Brexit deal. It is “the worst common denominator”. It will satisfy neither leavers nor remainers.

George Osborne, the Conservative former chancellor and a pro-European, has backed John Bercow in his decision earlier to accept the Grieve amendment.

Exactly - Downing Street’s problem isn’t the Speaker, it’s that they’ve got no majority and Tory MPs have tabled a sensible motion with cross-party support to stop the PM running down the clock on a no-deal Brexit. Time to hear the PM’s Plan B, as we said in Monday’s editorial https://t.co/ZTR7lL6Gle

— George Osborne (@George_Osborne) January 9, 2019

Starmer says a no-deal Brexit is “practically not viable” by 29 March. He has visited Dover and is aware of all the problems there would be, he says.

He says Labour would fight a no-deal Brexit “tooth and nail”.

Not having a deal acceptable to MPs is a “tragic waste” of the last two years, he says.

He says after the vote on Tuesday next week the house will have to decide what it wants to do next.

Updated

Back in the debate Starmer says Tory MPs now say it was always obvious that the political declaration on the future relationship would be relatively vague at this point.

But in her Lancaster House speech in January 2017, May said that by the time the UK left the EU, she wanted to have reached an agreement about the future partnership. She then wanted “a phased process of implementation”. Starmer says he argued at the time that there would have to be a transition. But May said it would be an “implementation period” – implying the future arrangement would already been agreed.

He says this shows why what May is offering is a blind Brexit.

And he says no one in the EU thinks that the negotiation on the future will be over by December 2020, he says.

Updated

Simon Usherwood, deputy director of UK in a Changing EU, an academic-led research project, has posted a Twitter thread assessing the six concessions announced by Stephen Barclay, the Brexit secretary, earlier. (See 3.22pm.) He is not impressed. The thread starts here.

Ugh. let's go through these quickly, shall we?https://t.co/rnWZjNEurc pic.twitter.com/AmRF2FIFaY

— Simon Usherwood (@Usherwood) January 9, 2019

Starmer turns to the political declaration on the future relationship.

He quotes from the paper, which talks about “a spectrum of different outcomes”. It is not a deal, he says. It is just “an options paper”.

Starmer says he thinks Brexit will have to be delayed

Ken Clarke, the Tory pro-European, tries again. If there were a cross-party move to keep the UK in the customs union for good, would Labour support that?

Starmer says he has been willing to discuss this with other MPs. And there will have to be a discussion after next Tuesday, he says.

He says he does not think the UK will be able to leave the EU on 29 March. So MPs are going to have to discuss alternative options.

I actually genuinely think we can’t do it on 29 March this year. It’s simply not viable, for so many practical reasons. We’re going to have to look at what are the available options that realistically are still on the table.

But some of the options that were available a year ago won’t be available now, at least in the same form.

  • Starmer says he thinks Brexit will have to be delayed.

Updated

Sir Oliver Letwin tries again. If there were a cross-party agreement on staying in a customs union, and a single market deal, on the basis of Norway or otherwise, would Labour cooperate with the government on a deal, so that the UK could leave on 29 March with a deal?

Starmer says there are other issues too. But if the UK is to leave with a deal, then there will have to be a consensus on something. He says at no point has the government reached out to Labour, even after the snap election. At some point he thought they might give him a ring, and ask what Labour wanted. He says the government instead has just whipped against opposition amendments, regardless of whether they were good amendments or bad amendments.

Sir Oliver Letwin, the Conservative former cabinet minister, intervenes. He says Labour says it wants “a permanent UK-EU customs union and a strong single market deal”. Letwin says he is speaking as someone who hopes that there will be a cross-party agreement on Brexit. Can Starmer explain what that means?

Starmer says he is interested in something that would be similar to the customs union, but not the same. He says he would like to explore this in talks with the EU. If it was a custom union like the one Turkey has with the EU, that would not be acceptable. And he says he would like something akin to single market membership, but not EEA membership. He accepts that these are issues that would have to be negotiated.

Sir Keir Starmer, the shadow Brexit secretary, is speaking in the debate now.

He says the government pulled the vote before Christmas because it accepted it needed to get changes to make it acceptable to MPs. He says that Liam Fox, the international trade secretary, even said that, without changes, the cabinet might not support taking the deal back to the Commons.

But, Starmer says, MPs are resuming the debate without the government having secured any changes.

Barclay announces six concessions on Brexit involving consulting MPs and getting 'further assurance'

In the Commons debate Stephen Barclay, the Brexit secretary, has just told MPs that the government will accept an amendment to the Brexit motion tabled by the Conservative MP Sir Hugo Swire.

This means the government would accept six new conditions relating to the backstop. Here they are in detail:

  • Parliament would only be backing the withdrawal agreement subject to “the government obtaining further assurance from the European Union that the Northern Ireland backstop would only be a temporary arrangement and that, in the event that it comes into force, both parties intend to agree a future relationship or alternative arrangements consistent with the political declaration one year after the end of the implementation period.”
  • Parliament would have to approve any decision to implement the backstop.
  • If the backstop did get implemented, the government would have “a duty to have an agreed future relationship or alternative arrangements one year after the Northern Ireland backstop coming into force, consistent with the framework for the future relationship ... so that the Northern Ireland backstop ceases to apply.”
  • If the backstop were deemed necessary, MPs would get to decide whether to implement it, or whether to extend the transition as an alternative.
  • The government would have to report in March 2020 on what was being done to ensure the backstop was not needed.
  • The government would have to consult the devolved administrations, in particular the Northern Ireland executive and assembly.

You can read the full text of the Swire amendment on the order paper here (pdf).

Updated

Jacob Rees-Mogg, the Tory MP who chairs the European Research Group, which represents hardline Brexiters, is playing down the impact of the vote on the Grieve amendment.

The vote that the Government has just lost does not affect Brexit. It merely requires a motion to be tabled not even debated.

— Jacob Rees-Mogg (@Jacob_Rees_Mogg) January 9, 2019

MPs debate Brexit deal

Stephen Barclay, the Brexit secretary, is now opening the debate on the Brexit deal. In his speech he is restating the government’s case, but (at least so far) he has not had anything new to announce.

What will the government defeat on Grieve amendment mean in practice?

The EU (Withdrawal) Act sets out what must happen if MPs vote down Theresa May’s Brexit deal. Viscount Hailsham originally tabled an amendment dealing with this when the bill was in the Lords, there were further changes when the legislation returned to the Commons, but MPs settled on a complicated condition saying that, if the motion approving the deal gets voted down, the government must make a statement on what will happen next within 21 calendar days, and then allow a vote in the Commons within seven sitting days.

There was then a row about whether that vote would be on a motion that could be amended. As a result of an amendment proposed by Dominic Grieve in December, and passed by MPs, that motion will be amendable. In other words, MPs will be able to put forward their alternative ‘plan B’. (Or, I suppose, if the government proposes ‘plan B’ in its motion, MPs can table amendments with ‘plan C’ etc.)

Today’s amendment just accelerates that process. If May loses the vote on Tuesday, she will have to hold the ‘plan B’ vote within three sitting days – ie by Monday week.

Arguably the government would have moved forward quickly anyway. That is what Downing Street is saying now. (See 2.06pm.) But although Theresa May was probably planning a statement to the Commons soon after any potential defeat on Tuesday (ie, she would not have waited 21 days anyway), there is no evidence that she was planning a vote anytime soon. Given her reluctance generally to allow MPs a say on this process, it is likely that she would have delayed that vote – not least because that might have given her a few weeks to secure extra concessions from Brussels.

Now, at most, she will have six days to extract meaningful concessions from Brussels. The passing of the Grieve amendment just now will probably prevent prolonged haggling with the EU about May’s deal, and hasten the moment when the Commons and the government have to contemplate an alternative approach.

Quite what might happen at that point, though, remains anyone’s guess ...

Updated

May defeated as MPs back move for three-day 'plan B' deadline if she loses Brexit vote

The government has lost. MPs have voted by 308 votes to 297 – a majority of 11 – to force the PM to hold a “plan B” vote on what happens next within three days if she loses the Brexit vote on Tuesday next week.

Updated

MPs vote on Grieve amendment

MPs are now voting on the Grieve amendment. (See 9.05am.)

For the record, this is what it says.

At end, add “7. In the event of the motion under section 13(1)(b) being negatived or amended so as to be negatived, a minister of the crown shall table within three sitting days a motion under section 13, considering the process of exiting the European Union under article 50.”

Downing Street has made clear that if next week’s vote is lost, the prime minister would come back to the House of Commons and set out her plans well before the 21-day time-limit set out in the withdrawal act.

“We would seek to provide certainty, quickly,” a government spokesman said, speaking to journalists after PMQs.

He also insisted the government had received clear advice that suggested the motion was not amendable.

We are surprised the government amendment was selected; the advice we received was that it would not be in order.

Asked whether that advice was from Commons clerks – amid reports John Bercow personally overruled them – he added: “We have access to the resources of the House of Commons as well as our own.”

Asked about the role of Bercow, he said: “The Speaker’s impartiality is a matter for the house.”

Updated

The Commons is now hearing a 10-minute rule bill, from the Conservative Leo Docherty. We’re expecting the vote on the Grieve amendment (see 9.05am) shortly.

Bercow denies having anti-Brexit sticker on his car - saying it's his wife's

Adam Holloway, a Conservative, says there is an anti-Brexit sticker on Bercow’s car. He says MPs have seen. This casts doubt on Bercow’s impartiality, he says.

Bercow says Holloway is wrong. That sticker is on his wife’s car, he says. And he says he is sure Holloway is not suggesting a wife is the property or chattel of her husband. A wife is entitled to her own views.

Some MPs applaud Bercow for this.

Tory Brexiter Crispin Blunt says Bercow 'no longer neutral' on Brexit

Crispin Blunt, a Tory, says Bercow originally said he would only serve nine years. He has also been the subject of bullying allegations, Blunt suggests. (He refers to the Laura Cox report.) And he says Blunt has expressed his views on Brexit (he backed remain). Blunt goes on:

For many of we will now have the unshakeable conviction that the referee of our affairs ... is no longer neutral.

Bercow says he has always championed the right of MPs to express their views, particularly on Brexit. And he says he has always been “scrupulously fair” to remainers and leavers.

He says he was elected as speaker to serve for this parliament. If he has a statement to make on this, he will make it to MPs.

Bercow says it is not his job to push through a particular policy. It is simply his job to facilitate allowing the House of Commons to take its own decisions. That is what he is doing, and that approach should apply to Brexit too, he says.

Updated

Here are some tweets from opposition MPs applauding Bercow for his stance.

From Labour’s Ben Bradshaw

Thank God at this crucial moment in our country's history we have a Speaker who stands up for the rights of our sovereign Parliament in the face of an arrogant Government that repeatedly tries to treat Parliament with contempt. #BrexitShambles https://t.co/RoaXaqaEs6

— Ben Bradshaw (@BenPBradshaw) January 9, 2019

From Plaid Cymru’s Jonathan Edwards

Huge respect for Mr Speaker who has made a ruling that will stop the British Government running down the Brexit clock, and will authorise the House of Commons to do its job and take back control of the process

— Jonathan Edwards (@JonathanPlaid) January 9, 2019

From Angela Rayner, the shadow education secretary

It would be good if the tories upset at the speaker today knew the difference between a motion and an amendment. I’m pleased for my years attending my union conferences. And btw this gov’t have been less than helpful by ignoring opposition motions and conventions!

— Angela Rayner (@AngelaRayner) January 9, 2019

From Labour’s Mary Creagh

Disgraceful scenes in Commons chamber as Tory MPs challenge Speakers ruling that Grieve amendment can be voted on. 79 days to Brexit & Govt still playing politics with people’s jobs..

— Mary Creagh (@MaryCreaghMP) January 9, 2019

From Labour’s Chuka Umunna

In the Commons chamber now watching the spectacle of a bunch of Tory MPs, who argued for Brexit to reassert Parliamentary sovereignty, now objecting to the Speaker selecting a motion to be voted on that would empower the House of Commons. An ugly, lorry load of hypocrisy.

— Chuka Umunna (@ChukaUmunna) January 9, 2019

From the Evening Standard’s Joe Murphy

Like him of loathe him, Speaker John Bercow perhaps just delivered the quote he will be remembered by:

“If we only went by precedent, manifestly nothing would ever change."

— Joe Murphy (@JoeMurphyLondon) January 9, 2019

James Cleverly, a Conservative, says it is important for Bercow to be impartial, and to be seen to be impartial. He says it might have been wise not to take this decision, setting a new precedent, at such a contentious time.

Bercow says the responsibility is his. He has to take a decision now. And he is using his best judgment. He believes he is right, he says.

Bercow makes a similar point in response to another point of order.

My job is not to be a cheerleader for the executive branch. My job is to stand up for the rights of the House of Commons. And the Speaker will assuredly do so.

Updated

Asked by a Tory if he should consult his deputy speakers about this decision, Bercow says he won’t. He says he was elected to take these decisions. He won’t duck his responsibilities, he says.

Here is some Twitter comment on the Bercow row.

From Newsnight’s Nicholas Watt

Clearly John Bercow is relishing confrontation with government and Tory critics. The smile on his face shows he has been waiting and preparing for this moment, the most significant of his speakership and perhaps of any modern speakership

— Nicholas Watt (@nicholaswatt) January 9, 2019

From the Institute for Government’s Catherine Haddon

Ok, would be better to get on to Meaningful debate proper. But don't please argue that MPs are arguing something unimportant right now. This is a fundamental debate about role of Speaker, rules of the game, govt's business control of the House. It's very impt stuff.

— Catherine Haddon (@cath_haddon) January 9, 2019

From the BBC’s Laura Kuenssberg

One MP texts to say 'riot now in progress' - Bercow won't divulge whether he acted in accordance with his advice or not - Julian Smith walks away from front bench shaking his head

— Laura Kuenssberg (@bbclaurak) January 9, 2019

From the Evening Standard’s Joe Murphy

Speaker Bercow is thoroughly enjoying himself.

I think his critics will struggle to explain to the public why he should not allow MPs to vote on something that the Government doesn't want anyone to vote on.

— Joe Murphy (@JoeMurphyLondon) January 9, 2019

From PoliticsHome’s Kevin Schofield

Irony meters across the country explode as Andrea Leadsom asks John Bercow to publish the legal advice he received on the Grieve amendment.

— Kevin Schofield (@PolhomeEditor) January 9, 2019

Jacob Rees-Mogg, the Tory Brexiter, asks Bercow if he can confirm that the motion, as amended, would have to be put by a member of the government.

And he asks for a ruling on the meaning of the word “forthwith”. Erskine May (the Commons procedural Bible) says motions of the kind being debated today must be put to a vote “forthwith”. But Erskine May specifies “forthwith” in other circumstances. So does Bercow’s ruling affect those circumstances too.

Bercow says he will reflect on the second point. On the first point, if a motion has been moved, it must be put to a vote.

Hilary Benn, the Labour chair of the Brexit committee, says the House of Commons is now taking back control. That is to be welcomed, he says.

He says it is time to move on to the vote.

Bercow says he would like to move on, but he will treat colleagues with courtesy, and take a few more points of order.

Simon Hoare, a Conservative, says Bercow risks undermining the dignity of his post. He says we are in “choppy waters”.

Bercow says he is “deeply grateful”. (He is not concealing his sarcasm very successfully.) He says he will reflect on what Hoare said.

Bercow hints he may routinely allow business motions to be amended by backbenchers

Iain Duncan Smith, the Tory Brexiter, says over the last 25 years or so he has repeatedly been told business motions cannot be amended. Allowing them to be amended has huge implications. It will affect how the government gets its business through the Commons. Will Bercow tell the clerks that in future backbenchers will be able to amend business motions?

Bercow says he will reflect on this. But he does not think it is unreasonable for backbenchers to seek to amend business motions.

He says he does understand the importance of precedent.

But precedent does not completely bind.

If we were guided only by precedent, manifestly nothing in our procedures would ever change.

  • Bercow hints he may routinely allow business motions to be amended by backbenchers.

As Duncan Smith said, this potentially has huge consequences. By and large, the government controls the business in the Commons; it decides what gets debated and when, etc. If the Commons as a whole gets to take these decisions, particularly in a parliament where the government does not have a majority, then the executive will have been significantly weakened.

Updated

Leadsom rises again. Did the clerk say Bercow’s plan was acceptable? Or did he advise against it?

Bercow says the clerk offered him advice. They discussed it. When Bercow took his decision, the clerk offered further advice.

Andrea Leadsom, the leader of the Commons, asks Bercow whether the clerk of the Commons supported his decision. Will he publish the advice he received from the clerk?

There is loud cheering from Tory MPs for this.

Bercow says the advice he gets from the clerks is given to him in private.

But he says he also had a written note from the clerk, which he quoted from in his response to the first point of order.

Updated

Heidi Allen, a Conservative pro-European, says she is “hopping mad”. We are 79 days from Brexit, she says. She says MPs should be getting on with debating a plan B for Brexit.

Updated

The Labour MP Stephen Doughty says the government does not want the Commons to have a say on Brexit. He says members of the public watching cannot see Julian Smith, the chief whip, texting journalists. He criticises the government for tabling the business of the house motion very late yesterday.

Bercow says MPs can decide for themselves whether it was helpful for the motion to be tabled when it was.

Updated

Labour’s Alison McGovern asks Bercow whether he agrees that, if MPs disagree with the amendment, they can just vote against it.

Bercow says he agrees.

Updated

Ken Clarke, the Tory pro-European, says he is surprised MPs are against MPs being given a vote. He suggests some of his Brexiter colleagues should join the yellow jacket brigade outside the Commons.

Bercow provokes Brexiter fury in Commons as he defends decision to allow vote on Grieve amendment

Mark Francois, a Tory Brexiter, says he has a copy of the original business motion. It said no motion to vary or supplement the provisions of the motion could be made except by a minister of the crown (ie, it said only a minister could amend the business motion for the Brexit debate). He says this is a motion passed by the house. He says in his 18 years as an MP he has never seen a Speaker override a motion of the house. He has heard Bercow say many times before that he cannot override a motion of the house. So why is he doing that today?

Bercow says the business motion said no motion could be moved other than by a minister of the crown. But we are not talking about a motion, he says; we are talking about an amendment.

There is loud jeering in the chamber soon. Very loudly, someone says: “Sorry, that is absolute [word indistinct].”

Updated

Eddie Hughes, a Conservative, goes next with a point of order. He asks Bercow to cite the precedent for amendments being allowed to a business motion like the one on the order paper today (which MPs had assumed to be unamendable).

Bercow says he is not obliged to cite precedent.

But he is clear in his mind that the motion can be amended.

The business motion allows no debate. But it does not say no amendment is allowed, he says.

MPs are now dealing with points of order.

Peter Bone, the Tory Brexiter, says he was told by the clerks yesterday that he could not table an amendment to the business motion. But an amendment tabled by Dominic Grieve has been allowed.

John Bercow, the Speaker, says he does not know why Bone was told the motion could not be amended.

All I know is that in my understanding the motion is amendable. I’m clear in my mind about that.

Bercow says, if he had known Bone wanted to table an amendment, he would have supported that.

Updated

Julian Lewis, a Conservative, says May has told MPs on 74 occasions that the UK will leave the EU on 29 March. Can she categorically rule out delaying that?

May says she is happy to say what she has said before, which is that the UK will leave on that date.

Paul Scully, a Conservative, says more Londoners voted for Brexit than voted for Sadiq Khan as mayor.

May says Khan should back the Brexit deal.

Updated

Labour’s Rachael Maskell asks what May will do differently to ensure no homeless person dies in 2019.

May lists some of the measures taken by the government, and says it will put more money into mental health services.

Anne Main, a Conservative, says the government should help fund the RNLI. People assume it gets government funding.

May praises people who contribute to the RNLI, including the Sonning branch in her own constituency.

The SNP’s Pete Wishart says May’s Brexit deal is “as dead as the deadest dodo”. Will May “just go”?

May says Wishart does not support implementing the referendum. And he wants to take Scotland out of the UK, even though that is not what the Scottish people want.

Labour’s Clive Betts says councils overspent their children’s services budgets by £800m last year. That is because the number of children in care is at a record high. The money allocated by the Treasury is completely inadequate, he says.

May says an extra £410m was announced at the budget. Spending on services for children has increased by £1.5bn since 2010. She mentions various other measures introduced to help social services. And it is not just about money, she says. It is about how services are delivered.

Updated

Labour’s Stephen Kinnock asks whether May will give MPs a vote on “Common Market 2.0”, a new term for the Norway plus proposal he favours.

May says her plan will implement the results of the referendum.

Updated

Huw Merriman, a Conservative, says he offered to pay the charge a constituent who is an EU national would have to pay to get settled status because he thought the government would make it free. Shouldn’t it be free for all EU nationals?

May says the cost of getting settled status will be less than the cost of a passport. People with a valid permanent residency permit, or with leave to remain in the UK, will not have to pay, she says.

Updated

PMQS - Snap verdict

Corbyn did an effective job of highlighting the weaknesses in May’s Brexit stance, but they were scrappy, low-grade exchanges, and there was more than a touch of Groundhog Day about the whole thing. It was particularly foolish for Tory MPs to jeer at Corbyn at the start, as he made a point about how MPs should be allowed to say what they want free from intimidation. Once he got into his questions, he focused entirely on Brexit and, despite May trying to re-announce something she said last year about how MPs would get a vote on whether the UK should extend the transition or implement the backstop as an alternative, she could not really conceal the fact that she has not managed to secure anything new relating to her deal from Brussels. Corbyn challenged her about whether any of her assurances would be “legally binding”, and his best moment came when he pointed out her conspicuous failure to address this point. May had a good retort about Corbyn’s stance on no-deal planning, which has not always been crystal clear (at various times he has sounded as if he wanted more of it; at other times less), and her peroration about the inconsistencies in Labour’s position worked reasonably well. But today it felt very much like a too-obvious attempt to distract attention from her own vulnerability.

Updated

Corbyn says Chris Grayling is awarding millions of pounds to ferry companies with ferries that do not exist. May has achieved nothing in her renegotiation. If her deal is rejected next week, will May call a general election?

No, says May. She says she has put a good deal on the table. She says she does not know what Brexit plan Labour has. Corbyn has been for and against free movement, and for and against the UK negotiating trade deals. He wanted to trigger article 50, and now he wants to stop Brexit.

Updated

Corbyn says May is the first PM to lose a vote on the finance bill since the 1970s. Will May protect thousands of skilled jobs in the automotive industry and others and rule out no deal?

May makes a jibe about Corbyn recognising the leadership Yvette Cooper showed. She says her deal protects jobs. It is sensible for the government to spend money preparing for no deal, particularly given Labour’s stance.

Corbyn says he did not hear the words “legally binding” in May’s answer.

He says no one wants no deal – £4bn is being wasted on it. Will May listen to the view parliament expressed last night and rule out no deal.

May says Corbyn should back her deal. She says today Corbyn is criticising no-deal spending. But on Monday he said it was “too little, too late”. Which is it?

Updated

Corbyn says, if May’s deal is the only one available, why wasn’t it put to a vote in December. Will the changes May wants be changes to the withdrawal agreement?

May says she is looking at three things: assurances relating to the deal, and measures that can be taken domestically relating to parliament and Northern Ireland. She says she has put a good deal on the table. She is looking for clarifications.

Corbyn repeats his point. May says the only way to avoid no deal is to vote for her deal.

May says MPs would vote on whether to extend transition or implement backstop instead

Jeremy Corbyn joins May in paying tribute to Paddy Ashdown. He says they became MPs at the same time and spent a lot of time voting against the Thatcher government together.

And he supports what May said about the intimidation of Anna Soubry and the Guardian journalist Owen Jones. But intimidation is wrong in the Commons, too, he says. He says he wants a safe space for political debate.

Tory MPs jeer. Corbyn says they are making his point for him.

Corbyn says May failed to get legally binding assurances from the EU at the December summit, and then again over the holiday. Isn’t she bringing back the same deal?

May agrees with what Corbyn said about intimidation. She says Corbyn should get John McDonnell to apologise for what he said about Esther McVey.

She says talks with the EU are continuing. But she is also looking at what can be done domestically. Today she has published plans for Northern Ireland.

And, with reference to parliament, if by the end of 2020 the new trade relationship is not in place, parliament will vote on whether to extend the transition or implement the backstop.

  • May says MPs would vote on whether to extend transition or implement the backstop instead.

Updated

Tom Pursglove, a Conservative, asks if May will back a scheme intended to stop former servicemen who go to prison from reoffending.

May says the Care after Combat programme is a good one.

The SNP’s Drew Hendry says EU nationals in Scotland were treated to a “Christmas removal threat” from the Home Office. This feels less like a hostile environment, and more like a xenophobic one.

May says she recognises the huge contribution made by EU nationals. They can apply for settled status. The cost is less than the cost of a passport, she says.

Theresa May starts by paying tribute to Paddy Ashdown, who died last month. He served his country “with passion and distinction”, she says.

She condemns the threats made to the Tory MP Anna Soubry and to journalists outside the Houses of Parliament.

Nigel Dodds, the DUP leader at Westminster, has put out a lengthy statement rejecting the government’s “Stormont lock” offer. Here is an extract.

We recognise that the government has been working to bring forward measures to address our long-held concerns about the backstop issue.

As far back as December 2017 we have been insisting that we cannot have specific backstop arrangements being introduced over the head of the Northern Ireland assembly.

Undoubtedly there are some elements of the paper that could be improved and built upon but the paper published by the government is designed to give reassurances in the context that Northern Ireland will be subject to the backstop being operational. Indeed, paragraph 43 of the paper says, “This paper has focused particularly on the role that the NI institutions will play in any scenario in which the backstop would take effect”

We reject the backstop and have previously, and consistently, indicated we will not support an internationally legally binding withdrawal agreement that contains its provisions.

Such an international treaty supersedes and overrides any contrary domestic legal provisions.

The proposal to ensure “a strong role for the Northern Ireland assembly” before NI specific backstop provisions are given effect is cosmetic and meaningless in that as the paper itself indicates (paragraph 14) “this would be without prejudice to our commitment to abide by our international law obligations”. The assembly would not be able to override UK international legal obligations as the backstop provisions would be in the treaty.

The government’s assurances do not faithfully implement what was agreed and included in paragraph 50 of the joint report in December 2017. In that paragraph, the assembly was to decide whether specific arrangements were required. Consultation cannot replace the assembly determining these matters.

Updated

PMQs

PMQs is about to start.

Here is the list of MPs down to ask a question:

Updated

Martin Selmayr, secretary general to the European commission and a hate-figure for Brexiters (who believe that he has encouraged the EU to adopt a hostile stance towards the UK in the Brexit talks) has denied a report claiming he has said that Northern Ireland will be the price the UK must pay for Brexit.

This is false. It may be a story that some want to hear, but it is still false. We have never said this. https://t.co/VS046vxZ0S

— Martin Selmayr (@MartinSelmayr) January 9, 2019

Updated

Peter Foster, the Telegraph’s Europe editor, has written a useful Twitter thread on the “Stormont lock” plans. (See 11.46am.) It starts here.

Right. Some quick takeaways on the 'reassurance to the DUP' document that's just been published by UKG here 1/Threadhttps://t.co/06sVyY5Pk4

— Peter Foster (@pmdfoster) January 9, 2019

DUP says government's 'Stormont lock' offer won't make it support Brexit deal

This morning, the government published its plans to allow Northern Ireland to be consulted about regulations affecting it under the Brexit backstop. The 13-page document setting out the details is here (pdf). It is being referred to as a “Stormont lock”.

Referring to it this morning in his Today programme interview, David Lidington, the Cabinet Office minister, said:

We are publishing today a set of Northern Ireland-specific proposals that make clear the continuing place of Northern Ireland within the UK internal market and which will give the Northern Ireland assembly, when as we all hope it is reconstituted and working again, a veto over introducing any new areas of law and policy into that backstop.

But the DUP’s Brexit spokesman, Sammy Wilson, rejected the proposals as “window dressing” because the border backstop would still be in place. He said:

The only deal which could swing the DUP round is if the backstop as it applies to the United Kingdom as a whole, or to Northern Ireland specifically, were removed from this agreement.

Because otherwise the British government, when it enters negotiations in future trade arrangements, and future relationships with the EU, it is going to find that the backdrop and the background against which that has to be negotiated is we are going to stay in the customs union and the single market.

Updated

Brexit minister tells MPs there is no parliamentary route by which Brexit can be stopped

Chris Heaton-Harris, a junior Brexit minister, has been giving evidence to the Commons Brexit committee this morning. Not all Brexit ministers are Brexiters (in the sense of being leave voters), but Heaton-Harris is. Here are some of the key points he’s been making:

  • Heaton-Harris said there was no “parliamentary route” that would allow pro-EU MPs to stop the UK leaving the EU. Asked by the SNP’s Peter Grant if he agreed with Theresa May that voting down her Brexit deal could lead to Brexit not happening, he replied:

The legislation is set out now, and the fact that we have activated article 50, I actually still believe we will be leaving the EU on March 29 at 11pm. Is there a parliamentary route with which Brexit can be stopped? I do not believe so.

  • He said the closure of Calais to UK goods in the event of a no-deal Brexit did not even feature in the government’s “reasonable worst-case scenario”. This is from my colleague Peter Walker.

Brexit minister Chris Heaton-Harris tells the Brexit committee that closure of Calais to UK goods in a no-deal departure is "not our reasonable worst-case scenario" but the "worst, worst, worst, worst, worst-case scenario". I wonder if that's official terminology?

— Peter Walker (@peterwalker99) January 9, 2019

Chris Heaton-Harris has just suggested the 1000 new police officers in Northern Ireland were not being trained up for no-deal but ahead of "marching season" to gasps from MPs. Hilary Benn sat in dumbfounded silence for a good 15 seconds.

— John Johnston (@johnjohnstonmi) January 9, 2019

Joanna Cherry, an SNP member of the committee, said this answer was “disgraceful”.

A disgraceful performance so far. For example he has just claimed that extra police for Northern Ireland are “for the marching season”. He’s making the fatal assumption of assuming we are as stupid and uncaring as he is #NoDeal #BrexitChaos #StopBrexit https://t.co/4lc6SjXuAp

— Joanna Cherry QC MP (@joannaccherry) January 9, 2019
  • Heaton-Harris confirmed the government still needs to pass hundreds of items of secondary legislation before Brexit is due to happen on 29 March. This is from the Independent’s Rob Merrick.

Brexit minister Chris Heaton-Harris says number of bits of secondary legislation to be passed before March 29 now “below 600”

So, only about 13 EVERY sitting day

— Rob Merrick (@Rob_Merrick) January 9, 2019

Updated

Here is some snap reaction to the Bercow decision.

From the Telegraph’s Steven Swinford

We are now in full-fledged constitutional crisis territory.

Bercow has accepted the Grieve amendment which *his own clerks* say is against the standing orders of the House.

This is going to be carnage.

— Steven Swinford (@Steven_Swinford) January 9, 2019

From the Sky’s Kate McCann

For John Bercow to select the Grieve amendment is a pretty big deal even if it doesn't sound like it. Government was very confident it was out of order just 30mins ago. Even those who tabled it admit as much ...

— Kate McCann (@KateEMcCann) January 9, 2019

From Nikki da Costa, who until recently was director of legislative affairs at Downing Street

I suspect there was debate on its inclusion, with judgement prob being acceptable because relates to today with controversy left to Speaker. For Speaker to overturn a motion approved by Commons would be extraordinary abuse. There would appear to be no rule based ability but...

— Nikki da Costa (@nmdacosta) January 9, 2019

More than anything this is not just overturning something the House accepted in a business motion, it is overturning the EUWA and procedure voted on and approved in both Houses with much debate and scrutiny, and indeed which Grieve accepted on floor of the House. https://t.co/T0zoROGM1i

— Nikki da Costa (@nmdacosta) January 9, 2019

Words fail me https://t.co/hR8Ysx07vy

— Nikki da Costa (@nmdacosta) January 9, 2019

From Jolyon Maugham, the QC who organised the bid to get the ECJ to rule that the UK can revoke article 50

The point of a "flexible" constitution is that it is responsive to underlying political reality and fits around core principles like Parliamentary supremacy. Its strength is that it cannot be 'gamed' by a constitutional player.

This is what we are, collectively, missing. https://t.co/bE2blcrUt5

— Jo Maugham QC (@JolyonMaugham) January 9, 2019

Updated

MPs will be allowed to vote on amendment saying Commons should decide on 'plan B' within three days if May's Brexit deal defeated

John Bercow, the speaker, will allow MPs to vote on the Grieve amendment (see 9.05am), my colleague Jessica Elgot reports.

Bercow selects Grieve amendment - this is going to set off a rocket 🚀

— Jessica Elgot (@jessicaelgot) January 9, 2019

Calais chief claims there will be no delays at port in event of no-deal Brexit

There will be no delays at Calais if the UK leaves the EU without a deal, the head of the port told the Today programme. Jean-Marc Puissesseau, who is president chairman of the ports of Boulogne Calais, was invited on to say if he agreed with what David Davis, the former Brexit secretary, told the Today programme yesterday about how France was much better prepared for a no-deal than the British media have been reporting. And Puissesseau agreed.

He said the ports had been preparing for a no-deal Brexit for a year. “We will be ready [on 29 March],” he said. There will “not be any delay”, he said. He said that the UK has said that it will not impose new checks on lorries entering the country in the event of a no-deal Brexit, and at Calais the same policy would apply. There would be no new inspections, other than the ones already in force for migrants. “The only thing that we will be asking [of drivers is] that they have their customs declarations,” he said.

Puissesseau conceded that there would have to be veterinary and phytosanitary inspections. But he said the ports were already building infrastructure for this.

And he took a swipe at Chris Grayling, the transport secretary, saying that it was a “shock” for Calais to learn that the government was getting ready to spend an extra £100m ferry capacity in case the port could not cope. He went on:

It is disrespectful to Calais and to Dover what has been decided by Mr Grayling and the British government ... This £100m - if Great Britain has too much money, they should give it to us, to help us to be more effective towards the migrants.

But later on the same programme David Lidington, the Cabinet Office minister, disputed Puissesseau’s analysis. He said:

I understand your interviewee wanting to talk up the prospects of the port he represents, but, for example, European law says all food exports and livestock exports from a third country to the EU have to be inspected, 100% checked, at a designated border post. Those don’t exist at Calais or Coquelles rail terminal, which is where our livestock and food exports go through to the continent at the moment. So there is a gap in French and EU arrangements.

Lidington also said that, under a no-deal Brexit, there would be tariffs of 40% on British lamb and beef exports, and 10% on cars.

Those are things that would do serious damage to employment and to living standards and to hopes of future prosperity and growth in this country.

Here is my colleague Heather Stewart on whether or not John Bercow, the speaker, will allow the Greive amendment intended to allow MPs to vote on ‘plan B’ within three days if the Brexit deal is defeated. (See 9.05am.)

Government believes business motion for the Brexit debate is UNAMENDABLE except by a Minister - which is what Labour believed when motion was published yesterday. Yet clerks have allowed Grieve amendment onto the order paper.

— Heather Stewart (@GuardianHeather) January 9, 2019

That means if the Speaker bends the rules to allow a vote on the Grieve amendment later today, there will be an(other) almighty row.

— Heather Stewart (@GuardianHeather) January 9, 2019

And here is the Telegraph’s Steven Swinford on the same story.

NEW

John Bercow being advised by the clerks of the House that Grieve amendment should not be touched.

That doesn't mean he won't select it - this is John Bercow after all.

But if he does so he will be going against the finest minds on parliamentary procedure in the Commons.

— Steven Swinford (@Steven_Swinford) January 9, 2019

Andrew Mitchell, the Conservative former chief whip, confirmed that he would vote against Theresa May’s Brexit deal this morning. He told the Today programme that it was “humiliating” and would “enshrine all those divisions which have caused such trouble in Britain. He went on:

It will perpetuate all the divisionism which has led us to where we are today.

Corbyn to table no confidence motion almost immediately if May loses Brexit vote next week, Labour says

Jeremy Corbyn will table a motion of no confidence in the government almost immediately if Theresa May loses the Brexit vote next week, Labour is now saying.

This is what Barry Gardiner, the shadow international trade secretary, told the Today programme this morning.

We’re now talking as if it is expected that the government next Tuesday will be defeated on the most important piece of legislation that has come before parliament probably in 50 or more years, that the government has devoted two years of its time to try to negotiate, and we’re now almost accepting that this will simply be defeated and voted down.

Obviously, the next thing to do immediately after that is for there to be a vote of confidence in the government.

Until now Labour has been rather coy about exactly when it might table a no confidence motion, with senior figures saying it is important to wait until the moment when they judge they have the best chance of winning. After Gardiner’s interview one senior party source played down the idea that Gardiner was making a firm statement about a possible no confidence vote next week.

But on Sky’s All Out Politics after 9pm Andrew Gwynne, the shadow communities secretary and Labour’s co-national campaigner coordinator, also said that Labour would table a no confidence motion soon after the Tuesday Brexit vote if Theresa May loses. Asked if he could “guarantee” that Labour would table a no confidence motion in those circumstances, he replied:

Well, we want a general election. And the only way you can get a general election under the Fixed-term Parliaments Act is to table a vote of confidence.

When asked if he could guarantee this would happen, Gwynne said:

In the event of Theresa May failing to get her deal through, we will be calling for a general election. And to do that, you have to table a motion of confidence.

Sky’s Adam Boulton asked if that meant a confidence vote would come “next week, basically” if May lost the vote. Gwynne replied: “Absolutely.”

Lidington accuses Brexiters like David Davis of believing in 'fantasies'

David Lidington, the Cabinet Office minister and Theresa May’s de facto deputy, used an interview on the Today programme this morning to accuse Brexiters of believing in “fantasies”. He told the programme:

I don’t think that the British public are served by fantasies about magical alternative deals that are somehow going to sort of spring out of a cupboard in Brussels.

This deal on the table has involved some very difficult give and take on both sides and if you go around and talk to the other EU 27 governments they will say that there are elements of this that cause them some political pain, but they are very clear, in conversations I have had with them as well as their public statements, they ain’t going to be going back and unpicking this for some brand new brilliant renegotiations.

So, the choice that people have is this deal or it is no deal or it is, as some MPs advocate, to reverse the 2016 referendum entirely.

Lidington seemed to be referring directly to David Davis, the former Brexit secretary, who used an interview on the Today programme only yesterday to claim that the EU would be willing to offer the UK an alternative Brexit deal if only the government pushed for it a bit harder.

Updated

Tory MP Nick Boles says he received death threat after voting to try to block no-deal Brexit

The Conservative MP and former minister Nick Boles has revealed that he received a death threat last night after voting for the amendment, that was passed, designed to limit the Treasury’s tax powers in the event of a no-deal Brexit, the BBC reports.

Lincolnshire MP @NickBoles has told @BBCRadioLincs he received his 'first death threat' last night after he voted against the Government in a Brexit-related vote - but he dismissed those behind it as 'sad cowards with nothing better to do' pic.twitter.com/893hWxKB88

— BBC Radio Lincolnshire (@BBCRadioLincs) January 9, 2019

Here is an extract from Boles’s short speech in the debate. Boles voted remain in the referendum, and since then has been pushing what at one stage was called the ‘Norway for now’ option, which has now morphed into ‘Norway plus’ (meaning leaving the EU, but staying in the single market and the customs union). In the debate Boles said:

However, what we did not say in [the Conservative] manifesto is that no deal is better than any deal; we said no deal is better than a bad deal. I remind my honourable friends that we have a deal; it is a deal that the 27 nations of the European Union have agreed, that the prime minister, who recently won a confidence motion in the Conservative party, and her cabinet have endorsed and advocate, and that, at the last count, about 200 Conservative members, including myself, intend to support when the vote is finally put. It is simply not possible to suggest that by saying that I will not countenance no deal, I am breaking that manifesto commitment. We do not have a bad deal; we may have a deal that you, individually, do not like, but nobody can claim that we do not have a deal that it is reasonable for Conservative members to support. It is therefore reasonable for us to say that, at this late stage, with the government having prepared as woefully as they have for no deal, we will on no account countenance a no-deal Brexit.

Finally, I join [Oliver Letwin] in very clearly saying this: I will vote on any motion, on any amendment, on any piece of legislation, proposed by whomsoever in this House to ensure that we leave the European Union on 20 March with a deal or not at all.

MPs launch bid to ensure they vote on 'plan B' within three days if May's Brexit deal defeated

The Brexit news is coming thick and fast this morning. I will post a summary of all the developments in a moment, but this may turn out to be the most important one.

  • MPs are trying to force a vote that would mean Theresa May would have to tell parliament within three days what she will do next if she loses the vote on her Brexit deal next Tuesday. Under the EU (Withdrawal) Act, if May loses the vote on her deal, she must make a statement within 21 days, and then hold a vote within seven sitting days of that. An amendment tabled by the Tory Dominic Grieve to today’s business motion would dramatically speed up that timetable, by obliging the government to stage a vote on what will happen next - ie, on ‘plan B’ - within three sitting days (ie, by Monday 21 January). It is not clear yet whether John Bercow, the speaker, will allow a vote on the Grieve amendment, but if he does, it is likely to be passed. ITV’s Robert Peston has more.

Today is another biggish Brexit day, even though all said yesterday that today’s business motion opening BIG Brexit debate is not amendable - because bunch of Tory rebels, led by former attorney general Dominic Grieve (normally sensible), are trying to amend it (see attached)... pic.twitter.com/InhWWX5gVw

— Robert Peston (@Peston) January 9, 2019

...to force the PM to come up with (amendable) NEW Brexit plan within three days if (as expected) MPs vote down her Brexit plan next Tuesday. This is attempt by them to stop her running down clock and forcing no-deal Brexit on the nation. Not at all clear how Grieve got...

— Robert Peston (@Peston) January 9, 2019

...amendment on order paper. So now it is down to the the all-powerful speaker to decide whether it can be voted on. If speaker rules the amendment ultra vires or out of order, many of the Tory rebels and Labour might then choose to vote against today’s business motion, I am...

— Robert Peston (@Peston) January 9, 2019

...told. If Labour votes with Tory rebels to vote down business motion, then parliament would take control of the meaningful vote debate from the government, and decide for example that the debate could be much longer or shorter than @theresa_may wants. It would be parliament...

— Robert Peston (@Peston) January 9, 2019

...taking back control from the executive, from Theresa May, and would see her in office but not really in power. It shows how Tory rebels have turned themselves into parliamentary Sandanistas to do whatever it takes to prevent a no-deal Brexit.

— Robert Peston (@Peston) January 9, 2019

Here is the agenda for the day.

9am: The Commons Treasury committee publishes the government’s response to its report on the Brexit withdrawal agreement.

9.15am: Chris Heaton-Harris, the Brexit minister, gives evidence to the Brexit committee about no-deal planning.

12pm: Theresa May faces Jeremy Corbyn at PMQs.

After 1pm: MPs begin their debate on the Brexit deal.

As usual, I will also be covering breaking political news as it happens, as well as bringing you the best reaction, comment and analysis from the web, but mostly I will be focusing on Brexit, and the debate. I plan to post a summary when I finish, after 5pm.

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

Contributors

Andrew Sparrow and Mattha Busby

The GuardianTramp

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