Am I the only one not to be too excited about the Lords riding a coach and horses through the EU Withdrawal Bill?
Before I explain why, let’s look at how the Lords have improved this Bill. When I say improve, it is all relative. There are some things you really can’t polish.
The Government defeats have come thick and fast, with Lib Dem lords leading the way.
1 and 2 on 18th April: An amendment in favour of staying in the Customs Union and another limiting Minister’s powers to water down our rights
3- 5 on 23rd April when they took out the bit that removed the references to the Charter of Fundmental rights and the bites that gave ministers and preserved the rights of citizens to use the principles of EU law to challenge the government
6-7 on 25th April when Lords restricted the so-called Henry VIII powers which gave Ministers the right to do what they pleased without much in the way of referral to Parliament.
8-10 on 30th April passed two amendments which gave Parliament a meaningful vote on the Brexit deal, allowing Parliament to decide what happens if it rejects the deal. Peers also passed Lord Dubs’ amendment on reuniting refugee families
11 -14 Last night their Lordships decided to keep us in the single market, give greater scrutiny of Brexit proposals to Parliamentary Committees, give Parliament powers against ministers using statutory instruments and remove the date of exit from the EU from the Bill.
So the Bill is now something that Boris Johnson, Michael Gove and Liam Fox have nightmares about. It’s less horrendous than it was, and it would be even more so if the Liberal Democrat amendment calling for a People’s Vote on the Brexit deal had been passed.
But if the Bill comes through the Commons in this form, I’ll be looking to borrow a hat from Paddy Ashdown.
Once the Lords is finished with it, MPs get to vote on whether they accept the Lords amendments or not. The Government may offer concessions which MPs accept, or they may simply strip the amendments out. This is where the natural majority in the Commons for staying in the customs union and the single market could show itself, or it might bide its time, waiting for the Brexit deal vote.
I won’t be holding my breath for MPs to write staying in the single market and customs union into the Bill. However, if I’m wrong, then the Government will either implode in a toxic cloud of frothing brexiteer bile or MPs will be back the next day and the PM will make it an issue of confidence just like John Major did over Maastrict. Actually both of these things could happen. It would be dramatic, that’s for sure. Although a vote of no confidence wouldn’t necessarily mean a general election with the provisions of the Fixed Term Parliament Act, the political environment would be very excitable, the markets would go nuts and rebel Tories might well end up backing down. Alternatively, the Tories could just go into screaming meltdown. If it wasn’t the future of our country at stake, it could be pretty thrilling to watch.