Government warned of potential 'constitutional crisis' over motion on final Brexit deal
Comments from David Davis raise the prospect of opponents of Britain's EU exit trying to force a vote on another referendum.
Wednesday 25 April 2018 14:23, UK
The Government has been warned there could be a "constitutional crisis" over Brexit, after it was confirmed MPs will be able to amend its motion on the final deal.
Prime Minister Theresa May has previously described the motion as a "take it or leave it" choice.
But comments from Brexit Secretary David Davis raise the prospect of opponents of Britain's EU exit trying to force a vote on another referendum or demanding the Government returns to Brussels to renegotiate the deal.
Appearing before MPs, Mr Davis said the motion put before Parliament in the autumn will relate to a political agreement rather than a full legal treaty.
He said it was still the Government's plan to have a treaty ready to be signed immediately after Brexit day in March 2019.
Answering questions from the Commons Exiting the EU Committee, Mr Davis repeated the Government's promise of a "meaningful vote" on the final deal, but told MPs that Parliament is likely to be presented with "a political declaration rather than a treaty draft".
When asked by committee chairman Hilary Benn whether the motion would be amendable, he replied: "If you can tell me how to write an unamendable motion, I will take a tutorial."
Pushed on whether Downing Street will regard the outcome of the parliamentary vote as binding, the Brexit Secretary said: "The Government is unlikely to put a vote to the House which it doesn't intend to take properly seriously.
"If the House rejects the proposed negotiation, that negotiation will fall."
Labour's Stephen Kinnock claimed this had the potential to create a "constitutional crisis".
"To be clear, if the House amends the motion and instructs the Government to go back to Brussels and negotiate a different deal to the one that was put before us, the Government would respect the will of the House and go back to Brussels do that?" he asked.
The Brexit Secretary responded: "I'm not going to speculate on amendments that have not even yet been laid, let alone been passed by the House."
Mr Kinnock said: "Surely you must appreciate the risk of us heading towards a constitutional crisis here?
"And surely it's the responsibility of the Government to have scenarios in mind so that it is ready to respond when the House does vote?"
Mr Davis said: "I'm not going to give advice on how to create circumstances which may undermine the Government's negotiating position.
"I'm not entirely sure how much force a government sent back with its tail between its legs by Parliament would have in such a negotiation."
He denied suggestions the Government was "winging it" on Brexit, telling the MPs ministers were "having to accommodate different changes as we go along".
On the customs union, which has emerged as a Brexit flashpoint in recent days, Mr Davis talked down the prospect of defeat on an upcoming Commons vote on remaining in a customs union with the EU.
And he hinted the Government could stick to its guns, even if MPs vote against a key plank of the PM's Brexit strategy.
"I'm not going to enter into hypotheticals," Mr Davis told the committee. "The Government always respects Parliament but I expect the Government's policy to be upheld."