Speaker scuppers third May deal vote

Mr Bercow ruled the British prime minister cannot bring her EU withdrawal agreement back before MPs unless it is substantially different from the package which was decisively defeated last week.

His ruling throws a further obstacle in the way of the British government’s scramble to get a deal agreed by the scheduled date of Brexit on March 29.

Mr Bercow cited the Commons rulebook Erskine May as he set out a convention dating back to 1604 that a defeated motion cannot be brought back in the same form during the course of a parliamentary session.

He said it was within the rules for a second vote to be held on the withdrawal agreement in March, because it had been substantially revised — including by the addition of three new documents — since its defeat by 230 votes in January.

“If the government wishes to bring forward a new proposition that is neither the same nor substantially the same as that disposed of by the House on March 12, this would be entirely in order,” said Mr Bercow.

“What the government cannot legitimately do is resubmit to the House the same proposition — or substantially the same proposition — as that of last week, which was rejected by 149 votes.

“This ruling should not be regarded as my last word on the subject. It is simply meant to indicate the test which the Government must meet in order for me to rule that a third meaningful vote can legitimately be held in this parliamentary session.”

Mr Bercow was asked by Commons Brexit Committee chairman Hilary Benn whether there would have to be “new political agreement” for the Government to bring its deal back before MPs.

He replied “in all likelihood” this would be needed.

The change must be “not different in terms of wording but different in terms of substance” and “this is in the context of a negotiation with others outside the UK”, he told MPs.

Ms May’s hopes of rallying Conservative MPs behind her agreement were dealt a blow by 23 Leave-backing backbenchers who signed a letter to The Daily Telegraph backing a no-deal Brexit.

And former foreign secretary Boris Johnson called on Ms May to postpone any further vote on her deal, warning it would be “absurd” to bring it back to the House of Commons without first securing change from Brussels.

Ms May’s spokesman confirmed ministers would want to be confident they had a “realistic prospect” of success before deciding to call a third vote.

Under House of Commons rules, the British government must table a motion by the close of business today if a vote is to be held before Ms May goes to the summit in Brussels.

Leading Tory Eurosceptic Jacob Rees-Mogg said he would wait to see what the DUP decided before making up his mind which way to vote. He warned if a third meaningful vote was lost, it might mean the UK never leaves the EU.

“If it is thwarted now, no-one is ever going to allow us another chance to have a vote,” he told LBC radio.