Labour ready to whip MPs to back Cooper's no-deal amendment

Labour looks set to whip its MPs to back Yvette Cooper’s amendment that paves the way for legislation that would mandate ministers to extend article 50 if a no-deal Brexit looked imminent.

The amendment, tabled by Cooper to a motion laid by the government after the defeat of its Brexit deal, would give parliamentary time for the private member’s bill to be debated, which it otherwise would not get.

Labour had been cautious about the potential constitutional implications of allowing MPs to dictate time for a bill but party sources have indicated they are likely to back the amendment as a way of closing down the prospect of no deal. The motion, and any amendments selected by the Speaker, will be voted on next Tuesday.

The shadow chancellor, John McDonnell, signalled Labour could back the plan in an interview with BBC Two’s Newsnight on Wednesday, saying it was “highly likely” and calling the plan by Cooper and the Tory MP Nick Boles a sensible option.

“Yvette Cooper has put an amendment down, which I think is sensible ... so I think it’s increasingly likely already that we’ll have to take that option because the government has run the clock down,” he said.

McDonnell said the party would need to go through its own process to make a final decision. “It’s highly likely but we’ll go through our normal process of consultation with our members,” he said.

The eventual bill, if passed, would give parliament control over the final stages of the Brexit process if there is no parliamentary consensus on a Brexit deal by 26 February. It would give MPs a vote on preventing a no-deal Brexit and extending article 50.

“We haven’t taken a final decision but are looking at it seriously,” a party source said.

Should the amendment pass, it would still be a difficult route for the bill through the Commons in the face of government opposition. If it is made law, it would still need the agreement of the 27 other EU states for an extension to be allowed.

The Labour peer Lord Adonis, a prominent supporter of a second referendum, has also said he will introduce the bill to the House of Lords on Wednesday, a necessary step to getting the legislation though the upper House. It is possible the Lords could still derail the bill if it passes through the House of Commons, possible by filibustering the legislation.

Tory Brexiters in the Commons are also attempting to derail Cooper and Boles’ bid by restricting the number of days in Parliament where private members bills can be debated.

Tory MP Christopher Chope has put down an amendment to the House of Commons motion setting out the days for private members bills to be tabled.

His motion would exclude any other days being allocated, an attempt to scupper Cooper’s bill being debated. However, it is unclear whether that would have an effect if Cooper’s amendment passes next Tuesday, which would mandate a day for the no deal bill to be considered by MPs.