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Jonathan Brady

What was tonight's crucial Brexit vote all about, and what happens now?

Let’s untangle the confusing jumble of Brexit legislation, amendments and Commons votes.

TONIGHT’S HOUSE OF Commons vote is being viewed as crucial and historic in the Brexit debate – but what was it on, exactly?

All the trouble started on Super Saturday when a debate and vote was scheduled to take place in the wake of Boris Johnson securing a Brexit divorce deal with the EU against all odds last Thursday.

Johnson was aiming to get it passed in the House of Commons before the Benn Act, requiring him to seek an extension from the EU by Saturday evening, kicked in. 

In September, MPs voted to back the Act compelling the Prime Minister to seek the extension if a deal hadn’t been signed off by the Commons within a day of the October EU summit ending. 

But before he got to ask MPs to vote for his Brexit deal, former Tory (now independent) Oliver Letwin tabled an amendment that won the support of the majority of his MPs.

This amendment made it law that the legislation underpinning the Brexit divorce deal would need to be passed before a straight vote (also known as the Meaningful Vote) could be held on his deal. 

The Letwin amendment was voted through, and the government then announced it would try again to table its Meaningful Vote on Monday evening. 

Yesterday, however, Speaker John Bercow derailed this process when he ruled that as the matter had already been put to parliament, it couldn’t be voted on again. 

Johnson’s government then proposed a three-day schedule for all the legislation underpinning the revised version of the Withdrawal Agreement to be debated, amended, and voted on.

The 585-page draft EU-UK Withdrawal Agreement was translated into 110 pages of British legislation, which would need to be passed in Parliament by the end of this week (remember, the Brexit deadline is next Thursday, 31 October).

Critics had argued that this wouldn’t be enough time for the legislation to be scrutinised properly – Johnson’s supporters said that opposition to his schedule was just an attempt ensure the EU granted an extension and to delay Brexit further.

What happened tonight?

There were two votes held tonight

One was on the second reading of the Withdrawal Agreement Bill – essentially a vote to allow the legislation to progress – which passed by 329 to 299 votes.

This has been heralded as the first majority in favour of any Brexit deal since the process began – but it’s worth noting that this is just the second reading. MPs who are wavering on what side to take could have voted for it tonight, with the intention of voting against it on the third reading – which had initially been scheduled for Thursday. 

The second vote is the big one that Johnson lost. This was on his accelerated schedule for the scrutiny of his Brexit extension: he lost this by 322 votes to 308

What happens now?

After the defeat, Boris Johnson said that he was “pausing” the WAB legislation, and that it was up to the EU what happened next.

House Speaker John Bercow has said that the technical term used for the current status of the Withdrawal Agreement Bill is that it is in “limbo”.

Leader of the House Jacob Rees-Mogg put it more colourfully: 

The bill is not in the heaven of having been passed, nor the hell of having failed, but in purgatory suffering the pains of those in purgatory.

Clarifying what the order of business for the House of Commons was now that MPs had voted down the government’s plans, Rees-Mogg said that the debate on the Queen’s Speech would continue tomorrow and conclude on Thursday, and that the House would not sit on Friday.

The Queen’s Speech lays out the government’s legislative agenda for the parliamentary session, covering areas such as justice, the environment, and taxation.

If the EU grants an extension, which it is likely to do, it will be until the 31 January 2020, as set out in the letter sent by Boris Johnson under the Benn legislation. It had been suggested that the extension could only last a couple of weeks, to allow for parliamentary scrutiny. This longer extension gives room for a long-awaited UK election. 

Labour, which has previously been reticent about agreeing to a general election too close to a no-deal Brexit threat, has said that it would back an election if the extension was long enough to allow for one.

Johnson doesn’t have unilateral power to call an election, as he needs the support of two-thirds of the House of Commons, or at least 434 MPs. This is a requirement set out under the UK’s Fixed-Term Parliaments Act.

There would also need to be 25 working days between the dissolution of parliament following such a vote, and polling day, which is usually held on a Thursday. Since becoming Prime Minister, Johnson has already tried to call a general election, and although he won a majority, he failed to get the required two-thirds support. 

At Cabinet earlier today, Taoiseach Leo Varadkar said that there would not be a third round of EU-UK Brexit negotiations, unless there was a softening of the Brexit stance towards a closer relationship (membership of the Single Market or Customs Union, for example).

In statements given to the European Parliament earlier today, EU stalwarts Donald Tusk and Jean-Claude Juncker hinted strongly that any request for an extension would be granted, with the former saying “a no-deal Brexit will never be our decision”.

An hour after the vote ended, Tusk indicated that he would indeed recommend to the EU’s 27 heads of state that they should accept the UK’s earlier request for an extension (that’s the one sent under the Benn Act).

This would mean an extension up until the 31 January 2020

The Irish government has said previously that it would support any request for an extension from the UK, particularly to avoid a no-deal Brexit.

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    Mute Greg Ward
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    Oct 22nd 2019, 10:07 PM

    Brexit is a curious phenomenon, in that it manages to be boring, baffling and terrifying all at the same time.

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    Mute TamuMassif2019
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    Oct 22nd 2019, 10:14 PM

    @Greg Ward: Like our votes on the Lisbon and Maastricht treaties you mean?

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    Mute Colmok
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    Oct 22nd 2019, 10:40 PM

    @TamuMassif2019: how???

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    Mute sean
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    Oct 22nd 2019, 10:46 PM

    @TamuMassif2019: no. We thankfully got a second vote. In the UK, only the vested interest politicians get to vote over, the public who were duped dont have that democratic luxury

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    Mute DK Innovation
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    Oct 22nd 2019, 10:59 PM

    @TamuMassif2019:
    This the difference between a legal vote and an indication vote.
    UK have now a clear choice between the Boris deal and remain.
    Boris wants an election because the UK one man one vote system, preference vote would see him be less excited

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    Mute Cian Phelan
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    Oct 22nd 2019, 11:28 PM

    @TamuMassif2019: people keep referring back to the Lisbon treaty with this. On the Lisbon treaty the terms were changed therefore the public were given another chance to vote. On brexit the promised terms from the leave party in the original referendum have changed yet the public is being denied the chance to have another vote. Very different

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    Mute sean
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    Oct 22nd 2019, 11:38 PM

    @DK Innovation: UK Parliament wont call a 2nd ref. Only way to force second Referendum is EU to condition extension on a referendum. The Brits would pick it over no deal

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    Mute DaMoons
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    Oct 22nd 2019, 10:08 PM

    For anyone looking at the big picture, a United Ireland is the most practical short to medium term solution. The EU already have a blue print for it, including concerns and considerations, along with ways to negate those concerns. In the meantime, FF, FG and the DUP have their heads in tg eff sand and refuse to engage constructively.

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    Mute Diarmuid Hunt
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    Oct 22nd 2019, 10:18 PM

    @DaMoons: I know you want a UI ASAP but to be honest a slow and considered UI is much more preferable, just look at Brexit and all it entails to see what happens when a country enacts something too quickly without understanding to some extent the consequences. At least wait until the DUP have fully destroyed themselves, it’ll make the whole process much smoother.

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    Mute Paul Furey
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    Oct 22nd 2019, 10:28 PM

    @DaMoons: And your solution for the DUP, PUP, UDA, UVF, RHC, RHD, UFF, Real UFF and their members is?

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    Mute Levante Dublin
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    Oct 22nd 2019, 10:29 PM

    @DaMoons: Tick tock for 32

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    Mute Paul Furey
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    Oct 22nd 2019, 10:30 PM

    @Paul Furey: Oh and the incoming pension timebomb and the highest level of civil servants in the UK and the £13bn a month subsidy from London.

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    Mute Colmok
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    Oct 22nd 2019, 10:41 PM

    @Paul Furey: a month? Surely Not?

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    Mute sean
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    Oct 22nd 2019, 10:48 PM

    @Paul Furey: Back to Scotland

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    Mute Paul Furey
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    Oct 22nd 2019, 11:01 PM

    @sean: be sensible man :)

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    Mute dublindamo
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    Oct 23rd 2019, 6:48 AM

    @Colmok: I think he means a year

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    Mute DaMoons
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    Oct 23rd 2019, 11:56 AM

    @dublindamo: he was also wrong in believing that the british exchequer wouldn’t pay the pensions of its former civil service once a United Ireland happens.

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    Mute Vincent Bickerstaffe
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    Oct 22nd 2019, 10:29 PM

    Orrrrdeeeeeer

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    Mute dick dastardly
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    Oct 22nd 2019, 10:27 PM

    Will Boris release the rhi cash for ash scandal report on the dup just before the elections,that should be nice payback for what they have done to him,that will bring Arlene and her cronies down a few pegs.

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    Mute Joe Johnson
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    Oct 22nd 2019, 10:38 PM

    @dick dastardly: We know the DUP will try very hard to get the withdrawal agreement opened up again so cash for ash coming to a head would be good timing. We need our government to stand firm no more concessions with EU support.

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    Mute Paul Furey
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    Oct 22nd 2019, 10:23 PM

    Nicked this from elsewhere and just about sums everything up “This is a bill to secure a General Election on the basis of a deal and then, when elected, to deliver a “no-deal” Brexit. The excuse will be a false mandate from people who voted a Tory government on the basis of the deal. It is a Bait & Switch to con the British public into voting for “no-deal” by wrapping it up in the pretense of a deal.”

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    Mute sean
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    Oct 22nd 2019, 10:51 PM

    @Paul Furey: there wont be any deal through a GE. Will return another hung parliament that wont pass a deal and wont allow no deal. Cornyn to weak. The ONLY way out is Ref 2 and none of them will agree to it cause both Corbyn and Tories are leavers on some level. The 49%+ of the country who want remain really have no voice in Parliament

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    Mute conex
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    Oct 22nd 2019, 11:34 PM

    The carry on in the House of Commons is like a full on comical political sitcom, it’s like theatre drama mixed with spitting image .

    Brexit is the final nail in British political credibility , just as the bank bail out was for the Irish government .

    Politics 2019 = shambolic .

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    Mute TamuMassif2019
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    Oct 22nd 2019, 10:13 PM

    Another delay in order to get another Brexit vote which would turn out to be the same result but try telling that to MP’s?

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    Mute sean
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    Oct 22nd 2019, 10:53 PM

    @TamuMassif2019: If thats so true then why not allow a second vote????

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    Mute Seán Ó Gallchobhair
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    Oct 22nd 2019, 11:02 PM

    France don’t seem to be interested in allowing another extension, surely that doesn’t make it “likely” that an extension will be passed.

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    Mute jamesdecay
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    Oct 22nd 2019, 10:13 PM

    So what we’re basically saying is we have Fairytale of New York and Bullshit of London to look forward to over Christmas. Great…

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    Mute TamuMassif2019
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    Oct 22nd 2019, 10:20 PM

    @jamesdecay: He’s called Boris or do you mean Jeremy?

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    Mute Cindy Brolin
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    Oct 23rd 2019, 2:08 AM

    Be honest, why are the Brits still arsing around with this fiasco, launched by former PM David Cameron, in the wake of the result of the Scottish independence referendum, thinking that when ppl were put to the test they wouldn’t have the bottle.
    Did he ever consider what impact the stern racism in Britain would have on this popular vote on leaving the EU? Clearly not! Do it again, and do it right!

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    Mute Gasher
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    Oct 23rd 2019, 6:17 AM

    Yey… we might get a Brexit Christmas special ;-)

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    Mute Rodney Williams
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    Oct 23rd 2019, 8:01 AM

    Even the Catholic Church got rid of Limbo and Purgatory but Brrexitland have re-instated!

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