PLP Briefing

Labour Brexit amendments

Monday 25 February 2019

From the offices of Jeremy Corbyn MP and Keir Starmer MP

For further information contact christopherd.ward@parliament.uk and

mark_simpson@labour.org.uk

 The Prime Minister is recklessly running down the clock, in an attempt to force MPs to
choose between her failed Brexit deal and a disastrous no deal. Labour cannot and will
not accept that.

So today Labour is making three policy announcements:

1) We have published a frontbench amendment to this week’s Commons votes that will
instruct the Government to negotiate the key elements of Labour’s alternative Brexit plan
– including a comprehensive and permanent customs union.

2) If this amendment does not win majority support in the Commons, we will put forward or
support an amendment in favour of a public vote in order to prevent a damaging Tory
Brexit.

Any such amendment to support a public vote could be attached to the Prime Minister’s
deal – or a version of it – should it win a majority in the House of Commons.

3) To rule out a ‘no deal’ outcome on 29th March, Labour will also be backing the Cooper-
Letwin amendment in the Commons this week (which would set out a process to extend
Article 50).

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These three commitments underline that Labour accepts the referendum result, and would seek
to negotiate a better deal, but also that we will do everything in our power to prevent no deal or a
damaging Tory Brexit.

Wording of Labour’s frontbench amendment:

That this House instructs Ministers

(a) to negotiate with the EU for changes to the Political Declaration to secure:

(i) a permanent and comprehensive customs union with the EU;

(ii) close alignment with the single market underpinned by shared institutions and
obligations;
(iii) dynamic alignment on rights and protections;
(iv) commitments on participation in EU agencies and funding programmes,
including in areas such as the environment, education, and industrial
regulation; and
(v) unambiguous agreement on the detail of future security arrangements,
including access to the European Arrest Warrant and vital shared databases;

(b) to introduce primary legislation to give statutory effect to this negotiating mandate;

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Background and policy detail

1) Labour’s frontbench amendment

Labour has tabled a frontbench amendment that instructs the Prime Minister to negotiate the key
elements of Labour’s alternative Brexit plan. This will be debated and eligible for vote on
Wednesday 27th March.

Labour’s alternative is a credible and serious proposition that would provide the basis for a close
economic relationship with the EU.

Labour’s demands focus on seeking significant changes to the Political Declaration. At this late
stage in negotiations, Labour recognise that any Withdrawal Agreement will require a backstop.

 Labour’s amendment sets out five key demands:

i) A permanent and comprehensive UK-wide customs union with a UK say.

ii) Close alignment with the Single Market - underpinned by shared institutions and
obligations.
iii) Dynamic alignment on rights and protections so that UK standards keep pace with
evolving standards across Europe as a minimum, allowing the UK to lead the way.
iv) Clear commitments on participation in EU agencies and funding programmes,
including in areas such as the environment, education, and industrial regulation.
v) Unambiguous agreements on the detail of future security arrangements, including
access to the European Arrest Warrant and vital shared databases.

The amendment also makes clear that these demands would need to be underpinned by primary
legislation to help ensure that future governments could not diverge from them without the
consent of Parliament.

Labour recognise that any negotiation with the EU will require flexibility and compromise. This
amendment sets out a credible basis for that negotiation and a potential blueprint to deliver a
close economic relationship with the EU.

Following meetings with EU officials and leaders in Brussels and Madrid last week, Labour is
confident that this plan is both credible and could be negotiated.

This amendment mirrors the demands made by Jeremy Corbyn in his letter to the Prime Minister
of 29th January.

2) Support for a public vote

In line with our conference policy, Labour is also announcing today that – if our Frontbench
amendment does not win the support of the Commons this week – we will put forward or support
an amendment in favour of a public vote in order to prevent a damaging Tory Brexit or a no deal
outcome.

We will consider any backbench amendment that is consistent with this approach. Any such
amendment to support a public vote could be attached to the Prime Minister’s deal – or a version
of it – should it win a majority in the House of Commons.

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This is in line with Labour’s 2018 conference motion, which was unanimously agreed and states:

“Should Parliament vote down a Tory Brexit deal or the talks end in no-deal, Conference
believes this would constitute a loss of confidence in the Government. In these
circumstances, the best outcome for the country is an immediate General Election that
can sweep the Tories from power.

If we cannot get a general election Labour must support all options remaining on the
table, including campaigning for a public vote. If the Government is confident in
negotiating a deal that working people, our economy and communities will benefit from
they should not be afraid to put that deal to the public”

3) The Cooper Amendment on extension of Article 50

Labour will also support the Cooper-Letwin Bill (the EU Withdrawal No. 4 Bill), which would provide
for an extension of Article 50 in order prevent a no deal on 29th March.

With just one month to go in negotiations and the Prime Minister failing to make any progress in
negotiations or to shift her red lines, it is clear that extension of Article 50 is now inevitable as
there is simply not enough time to legislate for and deliver an orderly Brexit on 29th March. This
amendment (and subsequent Bill) would put in place a process to allow for an extension of Article
50, and would provide greater clarity and certainty.

Q&A

Q. What is Labour’s frontbench amendment proposing?

Our amendment would instruct the Prime Minister to negotiate a Brexit deal that can build a close
economic relationship with the EU – one based on our alternative plan.

That includes: a comprehensive customs union with a UK say; close alignment with the single
market; guarantees on rights and standards; protection for Britain’s role in EU agencies and
programmes; and a security agreement which guarantees access to the European arrest warrant
and vital shared databases.

Our amendment would also put these goals into primary legislation in order underpin this
mandate and make sure any future government could only divert from it with the express consent
of Parliament.

Q. How can these changes be achieved at this late stage? Isn’t this unrealistic?
The proposals we’ve set out have been well received by the EU, they could command a majority in
the House of Commons, and would prevent a hard border in Northern Ireland in all circumstances.

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We recognise any negotiation would be difficult and involve compromises – particularly on
contentious issues. But the EU has been clear that if the UK’s red lines change, the deal can change.
And that they would be receptive to a close economic relationship. This would not be easy. But it
is a much more fruitful basis for negotiations that the PM endlessly seeking to change the backstop
she herself has negotiated.

Q. These changes focus on the political declaration. Is Labour accepting the backstop?
Nobody likes the backstop. But it's there because of Theresa May's unnecessary red lines.

Labour’s clear there cannot be a hard border in Ireland under any circumstances. And there cannot
be any question of undermining the Good Friday Agreement.

At this late stage in negotiations, any withdrawal agreement will require some form of backstop.
It's simply not realistic for the Prime Minister to pretend she can now drop the backstop entirely,
or make the kind of changes she is pretending are possible.

So the focus of the changes Labour want to see is firmly on the political declaration.
Labour’s approach – in particular our insistence on the need for a new customs union and a strong
single market deal – would prevent a hard border in NI and make it far less likely that any backstop
would be invoked.

Q. The political declaration is not legally binding. So how can you can ensure these changes will
delivered in future?
That’s why our amendment ensures that these negotiating goals must be enshrined in primary
legislation. That would make it far harder for any future government to abandon these
commitments – and ensure that Parliament would have a lock on any changes in negotiating goals.

Q. If this amendment is rejected, what next?

In order to prevent a damaging Tory Brexit or a no deal, Labour will put forward or support
amendments in favour of a public vote. This is consistent with our unanimously agreed conference
policy.

Q. Will Labour support the Kyle-Wilson amendment? (Which would provide conditional support for
the Prime Minister’s deal on the grounds that it is then put to a referendum)

If our frontbench amendment is defeated this week, we are committed to putting forward or
supporting an amendment in favour of a public vote that can prevent a damaging Tory Brexit being
forced on the country.

We’re working with Peter and Phil on this and we will support an amendment that is consistent
with this approach.

Q. What would be on the ballot paper in any such public vote?

We’ve always said that any referendum would need to have a credible Leave option and Remain.
Obviously at this stage that is yet to be decided and would have to be agreed by Parliament.

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Q. Could no deal be on the ballot paper?
What’s on the ballot paper would of course be decided by Parliament. But there’s no majority for
a no deal outcome, and Labour would not countenance supporting no deal as an option. What we
are calling for is a referendum to confirm a Brexit deal, not to proceed to no deal.

Q. But your 2017 manifesto committed to ‘accept the referendum’. Isn’t this in contradiction to
your manifesto?
Our manifesto said that we would reject no deal as a viable option and set out plans to deliver a
close economic relationship with the EU. It also said would end Theresa May’s reckless approach
to Brexit. That’s what we’ve fought for over the last two years and what a Labour government
would have sought to achieve.

Nearly two years have passed since that that election, and we need to reflect on the circumstances
as they now are – with a Government that can’t deliver a good Brexit deal, won’t change its red
lines and is running down the clock toward no deal. That’s what our policy reflects.

Q. Why does your amendment not support a public vote now?

Our amendment focuses on seeking to negotiate our alternative for a close relationship with the
EU. But we are also being clear that if this is rejected, we will support amendments on a public
vote in order to prevent a damaging Tory Brexit.

Q. Why are you supporting the Cooper amendment and extension of Article 50?
This simply reflects the reality of where the Brexit process now is. The Government has made such
a mess of these negotiations that there simply is not sufficient time to legislate for and implement
any Brexit deal by 29th March. The Prime Minister’s refusal to recognise this is irresponsible and
simply increases the risk of a no deal outcome. An extension is therefore needed to implement
either the prime Ministers deal, Labour’s alternative or a public vote.

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