Pro-Europe MPs will fight a rearguard battle to stop Britain leaving the single market even after a Brexit vote, senior Tories have warned.
Those negotiating Britain’s new relationship with the EU after a Leave vote have been told that they would not be given a “blank cheque” by MPs if they thought the new arrangements were not in the country’s interests.
Fewer than 200 of parliament’s 650 MPs support the Brexit campaign, giving Remain supporters an overwhelming cross-party majority. Some pro-Remain ministers believe that votes in the Commons could be used to put pressure on the government to keep Britain inside the single market.
It is being seen as a “reverse Maastricht” — a reference to the way Eurosceptics attempted to stop the government signing up to the EU’s Maastricht treaty in the 1990s.
The pound hit a three-week low against the dollar yesterday as some opinion polls swung towards Leave, leading to jitters in the City. A poll for The Times gave Remain a one-point lead today, on 43 per cent, but the Brexit campaign was judged to be more honest and positive.
Staying in the single market would mean that Britain would not be hit with trade barriers but it would also have to accept the EU’s free-movement rules and a series of EU regulations. Such a move could prove controversial, because Vote Leave is promising that voting for Brexit would allow Britain to “take back control of our border”.
It would also leave MPs open to charges from Brexit supporters that they were ignoring a democratic referendum vote to leave the EU — something they have said they would not do.
There will have to be dozens of votes in the Commons to disentangle Britain from the EU, however, giving MPs a chance to shape the means of exit.
Stephen Kinnock, Labour MP for Aberavon, yesterday became the first MP publicly to discuss the possibility of holding a parliamentary vote designed to limit the Brexit negotiations after a Leave vote. He denied that he was suggesting that parliament should not respect the will of the people.
“MPs will be presented with a very difficult choice in the event of a Leave vote, because we have no idea what a post-Brexit UK looks like, and the referendum will not provide a specific mandate in terms of which Brexit model has the support of the electorate,” he said.
He claimed to be “posing the question” as to what MPs could do if the option on the table was to leave the single market, which he said would have a catastrophic impact on the economy.
Parliament could be called to vote on a key consequence of Brexit within days of a vote to leave the EU. David Cameron has said that he will start the formal mechanism for leaving the EU “immediately”, but the constitutional position is not clear. Michael Gove, the justice secretary, has said that the two-year formal talks would be delayed to allow initial negotiations with Brussels over Britain’s future.
Senior government officials have also warned that it could take 250 pieces of legislation at Westminster to take back competencies that have been ceded to Brussels over decades of EU membership. MPs who opposed leaving would have plenty of opportunity to wage a long war of attrition.
Some Tories suspect that opposition parties such as the SNP would also attempt to hold votes to divide the Conservatives. One senior Tory said: “It’s a serious issue. I don’t think it will be a blank cheque for Leave. MPs will take seriously that people have voted to leave the EU but not at all costs. If the government of the day can’t negotiate a satisfactory deal that business is happy with and is in British interests then I don’t think it is incumbent on parliament to give them a free hand.
“The Scottish National Party or others could well play politics on this and see if they can cause a rebellion. It is also unrealistic to assume that this renegotiation will happen in a vacuum.”
Brexit campaigners reacted angrily to the idea of a delay. Liam Fox, the former Tory defence secretary, said: “It is unthinkable that when given a clear instruction politicians should have the arrogance to try to ignore the democratic will of the people.”
Matthew Elliott, the chief executive of Vote Leave, said: “If we vote leave, it will be very clear that people have voted to take back control of our border.”
A Downing Street source said the idea of parliamentary votes over single market membership was no more than hypothetical speculation. The source added: “We are focused on making the case that we’re stronger, safer and better off in the EU. We will respect the outcome of the referendum.”
Other senior Tories believe that holding such a vote would be “total fantasy” because EU leaders would be under no obligation to let the UK stay in the single market. “It assumes that we would have the power to demand to join something that we had just left,” one former minister backing Remain said. “We wouldn’t, so this is completely bonkers. If you leave the EU, you leave the EU.”
Analysis
It is in both sides’ interests to present the EU referendum as a choice for the British people, with MPs having no more power than any other voter (Francis Elliott writes). In fact, parliament will be central to shaping the relationship that the UK has with the EU from the moment that the result is clear.
David Cameron has said that he will trigger the formal mechanism to leave the EU “immediately” in the event of a Brexit vote.
However, it is not clear that he has the constitutional authority to invoke the Article 50 process without at least cabinet approval and possibly a full parliamentary vote.
After the formal two-year talks have been triggered, Westminster will be closely involved in the negotiations as MPs demand a say over key issues such as the trading relationship.
The real potential for parliamentary warfare comes as the UK starts to take back powers it has ceded to Brussels. One senior government figure recently warned that it could take a decade of legislative activity to cope with the return of policies on financial services, agriculture, health and safety and employment.
One suggestion is that it would take at least 25 separate bills in ten Queen’s Speeches to fully adjust to Brexit, many of them highly controversial.
It is true only in the narrowest sense that MPs have the same power as any one else to determine Britain’s future. In fact, in the event of a Brexit vote, it will be up to them to decide what sort of future comes next.