Theresa May has suffered two big defeats in the House of Lords on her flagship Brexit legislation, the EU withdrawal bill, in a move that will embolden MPs who want to force her to keep the UK in the customs union. She lost by a majority of 123 on an amendment forcing ministers to explore the option of staying in the customs union and by a majority of 97 on an amendment limiting the ability of ministers to use secondary legislation to water down existing EU rights when those rights get transferred to UK law. (See 3.38pm.) The second defeat was largely technical, and the Brexit department implied the first one did not really matter because it would not stop the UK leaving the customs union anyway. (See 6.11pm.) But there are five more days of report stage debate in the House of Lords and tonight’s voting figures suggest that Brexitsceptic peers in the Lords will turn out in large numbers to inflict several more defeats on the government, not all of which will easily be overturned in the Commons given the slenderness of the Tory/DUP majority. The votes will also encourage the pro-European Tories who are trying to win a Commons majority for future customs union amendments which would be more binding on the government. (See 6.40pm.)
Ukip are not happy about the Lords vote. This is from the party leader, Gerard Batten.
The vote by the House of Lords to remain in the customs union is a clear betrayal of the 17.4 million people who voted leave. Those people did not vote to be half in, half out of the EU.
The Commons must reject the Kerr amendment or put itself in opposition to the people.
Lord Kerr was the man who drafted article 50 in such a way that EU exit can be delayed, impeded and overturned. Acting true to form he is now trying to carry it through to its purpose.
Ukip will continue to fight for a complete and clean exit from the EU.
Actually, the vote wasn’t a vote to remain in the customs union (see 6.11pm), but never mind ...
Lady Hayter says the government amendments mentioned by Lord Callanan do not do what he says they will do. Some EU directives are not covered by the government’s amendments. She says she has had three lawyers look at this, and all three told her that the government amendments were not robust enough.
She says her amendment is better because it would ensure only primary legislation could be used to remove current EU rights in key areas.
You can read the full text of the amendment here (pdf). It is amendment 11.
In the Lords Lord Callanan is responding on behalf of the government. He says the government has already tabled amendments to the bill that would stop the EU withdrawal bill being used to water down existing EU rights.
Jeremy Corbyn is to meet New Zealand premier Jacinda Ardern - the emerging star of the international Left - for talks this weekend. The Labour leader will host Ardern after she returns from a retreat at Windsor Castle with her fellow Commonwealth heads of government.
During the New Zealand election campaign last year, the 37-year-old politician was portrayed as the saviour of the beleaguered left in the wake of the Brexit vote and the election of Donald Trump. At the time Corbyn declared: “Do it for all of us” in a video of support.
After an event on gender equality at City Hall today, Ardern told the Guardian that she planned to share how the New Zealand Labour party had managed a “reset” at the 2007 election after many years in opposition. She said:
We spent nine difficult years in opposition, we went through multiple leaders. We managed a reset at the last election. We spoke to the issues that I know New Zealand was concerned about: job security, decent health services, education, wages that weren’t moving relative to the cost of living.
However, asked what advice she could give Corbyn about pushing his party across the line to power, she said she would be “very wary” about telling other political parties what to do, when hers had only been in power for less than a year. “I’m always happy to share about our experience but it would always be different to another nation’s and another party’s,” she said.
Theresa May (left) welcoming New Zealand’s prime minister Jacinda Ardern in Downing Street today. Photograph: Neil Hall/EPA
Lord Cormack, a Conservative peer seen as a loyalist, has just peers that he supports the amendment because he thinks it is consistent with Theresa May’s pledge that the EU withdrawal bill should not be used to water down existing EU rights.
Hugo Dixon, who set up the anti-Brexit InFacts, has posted a Twitter thread arguing that the Lords vote could lead to further, more significant defeats on Brexit. It starts here.
1. Massive defeat over customs union is stuff of Theresa May's dreams. It gets her out of tight spot over Irish border and economy - if upheld by MPs.
In the Lords peers have just started debating the Labour amendment to the EU withdrawal bill on retained EU law, amendment 11. (See 3.38pm.) This is the second amendment due to be put to a vote tonight and, again, the government is expected to lose.
Lady Hayter, a shadow Brexit minister, opened the debate. She said that Theresa May has promised not to dilute standards after Brexit and that this amendment would help to ensure that happened.
Here is Anna Soubry, one of the most prominent pro-European Conservatives in the Commons, on the Lords vote.
The Lords have recognised a customs union/arrangement meets the needs of British business (the continuation of frictionless trade that has conferred prosperity - jobs & growth in the UK) and is the only way to avoid a hard border between N Ireland & Ireland. https://t.co/pcRU7gqEjs
The Lords have put their country first and rebel Conservative peers have been particularly brave. I know many Conservative MPs privately share their support for a customs union/arrangement. I hope they will not vote to remove this wholly sensible & responsible amendment.
Soubry has tabled amendments to the trade bill and the taxation (cross-border trade) bill (sometimes referred to as the customs bill) which could lead to government defeats when they get debated later this spring.
The two amendments, which so far have the backing of a handful of Tories, go further than Lord Kerr’s amendment. But they do not specify that they UK will remain in the customs union under all circumstances. They say that staying in a customs union with the EU should be a negotiating “objective”.
Every living former cabinet secretary voted against the government on the customs union this afternoon (Lords Armstrong, Butler, Wilson, Turnbull and O'Donnell)
Brexit department says Lords defeat won't stop UK leaving customs union
The Brexit department (or DExEU to give it its proper name - the Department for Exiting the European Union) has issued a statement about the vote. A spokesman said:
We are disappointed that parliament has voted for this amendment.
The fundamental purpose of this bill is to prepare our statute book for exit day, it is not about the terms of our exit.
This amendment does not commit the UK to remaining in a customs union with the EU, it requires us to make a statement in parliament explaining the steps we’ve taken.
Our policy on this subject is very clear. We are leaving the customs union and will establish a new and ambitious customs arrangement with the EU while forging new trade relationships with our partners around the world.
The department is right about the wording. Here is the key passage from the amendment again.
The condition in this subsection is that, by 31 October 2018, a Minister of the Crown has laid before both Houses of Parliament a statement outlining the steps taken in negotiations under Article 50(2) of the Treaty on European Union to negotiate, as part of the framework for the United Kingdom’s future relationship with the European Union, an arrangement which enables the United Kingdom to continue participating in a customs union with the European Union.
(Technically this is amendment 4. The vote was actually on amendment 1. But the two go together, and after amendment 1 was passed, amendment 4 went through on the nod, because there was no point voting on the same thing twice. The full list of amendments is here [pdf].)
The amendment just says the government will have to give parliament a statement “outlining the steps taken in negotiations ... to negotiate ... an arrangement which enables the United Kingdom to continue participating in a customs union with the European Union.”
That statement could be very short. In fact, it might just be the last two sentences of the press release.
The House of Lords has its faults, but it is much better than the Commons at publishing the results of divisions. The results of the customs union vote are now up here.
Here are the key figures.
Results of division on customs union amendment Photograph: House of Lords
The huge majority here is bad news for the Government and suggests there will be a large number of such amendments to the EU Withdrawal Bill when it returns to the Commons around 21st May
Yesterday one ERG MP told me the Commons would have to take out all the Lords amendments and that those votes expected late May, should be considered as matters of confidence
I must say much heavier than I would have expected, but reflected also the debate, in which Lord Callanan said nothing that would justify opposition to the Kerr/Patten amendment except that HMG disagreed with it
The passing of this cross-party amendment is an important step forward.
Labour has long championed the benefits of a customs union as the only viable way to protect jobs, support manufacturing and help avoid a hard border in Northern Ireland after we leave the EU. That is why we have called on the government to negotiate a new comprehensive UK-EU customs union after Brexit as part of a close future relationship with the EU.
Theresa May must now listen to the growing chorus of voices who are urging her to drop her redline on a customs union and rethink her approach.
From Lord Newby, the Lib Dem leader in the Lords
This is a hugely significant moment, the House of Lords has come together to show the government that remaining in a customs union is key to the UK’s future prosperity.
Securing this win on a cross-party basis rams home how out of touch the government have been on this issue and that they drastically need to change tack from the destructive hard Brexit they are pursuing.
From Lord Adonis, the Labour peer and an outspoken opponent of Brexit
Lords just voted 348 to 225 in favour of staying in European Customs Union. Crushing Government defeat & one of largest votes in history of the Lords
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