Like many others, I was deeply disappointed to read Jeremy Corbyn’s interview with Der Spiegel published two days ago (Jörg Schindler, ‘Interview with Labour Leader Jeremy Corbyn: “We Can’t Stop Brexit”‘, Spiegel Online, 9 November 2018). This was published right after the news of transport minister Jo Johnson’s resignation and calls for a second referendum on Brexit, since which he has said it would be a ‘democratic travesty’ not to have another Brexit vote. Corbyn’s statement seemed to make this impossible, as a new referendum bill or amendment to that effect of an existing bill could not happen without Labour support.
The 2017 General Election produced 317 Tory MPs, 262 Labour, 35 SNP, 12 Liberal Democrats, 10 DUP, 7 Sinn Fein, 4 Plaid Cymru, 1 Green, 1 Independent and the Speaker. There is no likelihood at all of the Sinn Fein MPs ever taking up their seats, whilst the Speaker remains nominally neutral. Neither he (John Bercow (Conservative)) nor his three deputies (Lindsay Hoyle (Labour), Eleanor Laing (Conservative) and Rosie Winterton (Labour)) vote, by convention. The meaningful total is therefore 639 rather than 650, and so the government needs 30 seats for a majority. Following the Confidence and Supply agreement with the DUP, the government can count on their support in motions of confidence and various aspects of their legislative agenda, thus producing effectively 326 (316 Tories, without their Deputy Speaker, plus 10 DUP) MPs, as against 311 in the Opposition. Since the General Election, 2 Tories and 5 Labour MPs have either been suspended from their party or have resigned the whip, so there are a total 8 Independent MPs, whose loyalties in confidence or crucial Brexit motions may be unknown.
But assuming the suspended/resigned MPs continue to vote according to type, the government has a working majority of 13 votes. This means that if seven Tory or DUP MPs vote against them, they could lose a vote if there is also 100% opposition from the other parties.
It is now looking possible, even perhaps likely, that Theresa May will fail to get any deal through Parliament, with a range of Brexiteer Tories and the DUP warning they will vote against, while the deal is also opposed by some Remainer supporters of a second referendum such as Justine Greening. Representatives of the government have been allegedly attempting to woo some Labour MPs to support them on a deal. The Mirror suggested as many as 30 may be prepared to do this, but this may be too few, though the consequences of last-minute pressure from whips in both parties should not be underestimated.
But if the government fails to get a deal through Parliament, it is highly unlikely that they themselves would introduce a second referendum bill, having repeatedly ruled it out (though, as has been noted, Theresa May as repeatedly ruled out an early general election, then called one). However, there are various means by which such a thing could be triggered, either through primary legislation or amendments to existing bills; a UCL paper details five possible scenarios (Jess Sargeant, Alan Renwick and Meg Russell, ‘The Mechanics of a Further Referendum on Brexit’ (London: The Constitutional Unit, UCL, 2018), pp. 23-28).
The major question is whether a parliamentary majority could be found for this option. As the DUP are firm supporters of Brexit, there is little chance of their supporting any second referendum motion. At present, The Sun counts eight Tory MPs supporting a second referendum: Johnson, Philip Lee, Justine Greening, Anna Soubry, Guto Bebb, Amber Rudd, Heidi Allen, Sarah Wollaston. They do not list Dominic Grieve oddly, but he has made clear his support for this for some time. There are plenty of suggestions that a variety of other Tory MPs would support this if it came to it, despite not having yet said so publicly. The Liberal Democrats and SNP are likely to vote solidly for such a measure. As for Labour, in June The Independent counted 42 MPs backing a second referendum, to which there are probably a few other names to be added. But almost none of the Corbynistas, nor many of the Brownites/(Ed) Milibandites are on this list. Then there are the pro-Brexit Labour MPs, including Grahame Stringer, John Mann, Kate Hoey, Dennis Skinner and (formerly holding the Labour whip) Frank Field, while others such as Caroline Flint and Stephen Kinnock appear opposed to a second referendum. The 2018 Labour Conference saw a motion passed keeping a second referendum option open if MPs are deadlocked, but this does not firmly commit to anything. That said, Corbyn’s statement to Der Spiegel would appear to be in direct contravention of conference policy.
A second referendum will only get through with relatively solid Labour support, and a significant number of Tory MPs voting for it. My guess is that between 10 and 20 Labour MPs will definitely oppose even if the party institutes a three-line whip, so this requires 20 to 30 Tory MPs to vote for it and against their own government, a tall order. However, if the country looks to be heading for no deal (and Theresa May has set a date of this week, as Parliament returns from recess, for the government will begin to set into motion many emergency measures to deal with this), all sorts of new options are possible.
So, in light of Corbyn’s statement, a second referendum may seem impossible. Or is it? Shadow Foreign Secretary Emily Thornberry was interviewed on The Andrew Marr Show this morning (42’27”-56’22”). After Marr brought up Corbyn’s statement, apparently ruling out a second referendum, Thornberry began by saying that ‘the results of the referendum need to ought to be abided by’, but then immediately afterwards said ‘We do need an injection of democracy in between the results of the referendum and us going any further’. She then said that Labour wanted a ‘meaningful vote’, which was not what Theresa May was giving them in offering the choice between her deal or no deal, ‘the devil and the deep blue sea’. Thornberry said that instead, there should be a general election, but if that did not happen, then ‘yes, of course, all the options remain on the table and we would, you know, campaign for there to be a People’s Vote, but there are several stages before we get there’. Pushed further on Corbyn’s statement, Thornberry attempted to diffuse this by claiming context, need to be democrats, etc., and went onto discuss staying in the Customs Union, trying to produce ‘a Brexit which is good for the country’ (with no details of what this might be) and so on. When brought back to what is Labour’s procedure, Thornberry said ‘First stage is we demand a general election and that is what the proper thing should be. If we don’t get a general election then what we have said is all options remain on the table, and we will…’ then Marr interrupted to point out that Parliament has passed statute and so there are no options for overturning that. Thornberry then said ‘The difficulty is, our system is such that we are in opposition. You know, there are many ways in which we would want to have proceeded over this period of time, and we have a government…’, when Marr interrupted again to point out that they had a general election last year. Thornberry continued to say ‘But we have been doing our best to try to keep this government honest, try to keep this government focused on what’s good for the country, and we have been entirely consistent about that. She knows what it is that…. and like everyone else, vacillating backwards and forwards. We have said: six tests, we will vote for it, bring back a deal we will agree to. If she’s sensible, what she’ll do, is she’ll negotiate properly and bring back a deal which means that we’re in a Customs Union, and that we’re in a free market agreement with the European Union, based on free market rules, and if she brings back something like that, then it may well be that she’ll get sufficient support, but she won’t [attempt from Marr to interrupt again], hang on hang on, let me just, because this is really important, she won’t do that, because she’s more interested in saving her own skin and the Tory Party, because what she will rely on is Labour votes and some Tory votes, and she doesn’t dare do that. She ought to, because she’s the leader of the country. That is not leadership.’ Marr then noted that Kier Starmer had said that the six tests would be in the next Labour election manifesto and asked Thornberry to confirm this, to which she asked when the election would be, pointing out that an election manifesto in the next few weeks would be very different to one in a year’s time. She then said ‘In the next few months, what we would have in our manifesto is we would say: we have a vision for this country, we have a vision for Brexit. We know that the best way to proceed on this is to try to get a deal which is, as I’ve said several times, the model that I’ve put forward [Marr: ‘Six tests’] and with the six tests, and which is the six tests, and that’s what we would be working towards. And we would go in as pragmatists, and we would say to the European Union: the grown-ups have arrived and we’re no longer shouting at you, we’re going to sit down pragmatically and sort out something which is good for our economy and your economy.’ Marr pushed Thornberry further on one of the six tests , that which requires the ‘exact same benefits’ as membership of the Customs Union and Single Market, asking if there was a shred of evidence that the EU would contemplate that. Thornberry avoided this question, just saying that they had had meetings with the EU, who knew their position, but couldn’t negotiate with them as they were not the government. Marr pushed further, quoting Michel Barnier and Jean-Claude Junker on how third countries can never have the same rights and benefits as full members. Thornberry again had no real answer other than to say that these were negotiating positions, and that May had put down unrealisable red lines and ‘ridiculous tests’, unlike Labour. She continued to reiterate the same stuff, then Marr claimed Labour had a ‘fantasy prospectus’ and there was no way of getting anything like what they wanted. After more vacillation from Thornberry, the interview turned to Trump and some domestic issues.
But I think this interview may be significant in many ways, notwithstanding the waffle and false claims about being able to obtain a deal (in reality, Labour would end up in a very similar situation to Theresa May, save for accepting the Custom’s Union). Thornberry is probably the sharpest politician on the Labour front bench, and clearly knows exactly what the brief is and what needs to be said. The fact that she mentioned a People’s Vote early in the interview is vital, even though she was careful not to return to the issue. The official Labour line is to want a general election. The chances of this are very slim (though not impossible if the government truly alienate the DUP over a border in the Irish Sea, to the point where the DUP would no longer support them in a confidence motion). But Labour have to stick to this line, which would be easily dismissed if they were vocal about supporting a second referendum. But Thornberry said that failing to get an election, they would campaign for a People’s Vote.
So I believe that Labour are talking down a second referendum in order to maintain their line, but do have plans to support it when it becomes inevitable. This could be soon – if a confidence motion is put and the government wins it, thus precluding an election. Of course it is also possible that Thornberry, Starmer and Corbyn are all putting out different lines publicly. I just hope this may have been co-ordinated.
There are many practical complications in bringing about a second referendum, which are explained in the UCL paper, but as this makes clear, it is possible, regardless of what Corbyn says. Labour could be acting more shrewdly than some imagine.