What did last night’s Lords vote mean for Brexit and what happens next?
MEDDLING peers inflicted another THREE defeats on Theresa May last night as they kept up their fight against Brexit.
Pro-EU Lords thrashed the Government on wrecking amendments on the PM's flagship EU Withdrawal Bill.
In fiery exchanges one even sneered that the Bill was like legislation used by Adolf Hitler in 1930 Germany.
And a Tory expenses scandal peer dubbed 'Lord Moat' sparked fury after leading an ambush to seize control of Brexit talks.
It is the ninth time that the Prime Minister has seen her Bill defeated in the upper chamber in recent weeks.
And if MPs back the main change when the Bill comes back to the Commons, it could trigger a constitutional crisis.
What is the EU Withdrawal Bill?
The government has announced it will repeal the 1972 European Communities Act, which brought Britain into the EU in the first place.
The act meant European law took precedence over laws passed in Parliament.
Britain will now have the Great Repeal Bill, now known as the European Union (Withdrawal) Bill, which puts power for our laws back into the hands of MPs and peers.
But first, all existing EU legislation will be copied across into domestic UK law to ensure a smooth transition on the day after Brexit.
It's passed through the Commons, but is now in the House of Lords where there is no majority for Britain's exit from the EU, and amendments are being made.
What happened last night in the Lords?
Peers defeated the Government on three amendments to the EU Withdrawal Bill. That included:
- Giving MPs the power to stop the UK from leaving the EU without a deal, or making Theresa May return to negotiations (335 to 244 votes). Ex-minister Viscount Hailsham, who as MP Douglas Hogg charged the taxpayer to clean the moat at his manor house, put down a wrecking amendment to the EU Withdrawal Bill.
- Another amendment passed by Lords would require ministers to get approval from Parliament for their aims in talks about the UK's future relationship with the EU (271 votes to 233)
- And a final one would ensure family reunification for asylum seekers after Brexit (205 votes to 181)
What other defeats have there been?
- Lords also voted for ministers to explain what it has done to pursue the option of staying in a Customs Union (348 votes to 225 - April 18). That put the PM under pressure to consider staying in the EU's union, but would mean we can't sign our own trade deals and go it truly alone.
- Another amendment limited the power of ministers to slash red tape without the approval of Parliament - using so-called Henry VIII powers (314 votes to 2017 - April 18)
- Lords votes to transfer the Charter of Fundamental Rights into domestic law (316 - 245 votes - April 23)
- Ministers would be prevented from using regulations to establish when people can challenge EU law after Brexit under another amendment (285 - 235 - April 23)
- Lords said legal challenges to our law should be allowed if they don't abide by EU laws too (280 - 223 - April 23)
- Peers voted to say ministers could only change EU law with delegated it was "necessary" to do so (349 - 221 - April 25)
- The Government has also accepted several amendments to the Bill - including that the courts should refer to European Court of Justice judgements when "relevant" and clarifying the status of retained EU laws after exit day
Ministers only lost one vote on the EU withdrawal Bill in the Commons - when 11 Tory rebels voted in favour of a change which would only allow ministers to use powerful statutory instruments to change law if Parliament voted in favour of the withdrawal deal first.
What does all this mean for Brexit?
Many of these amendments are tricky for the Government because it means handing over more powers to MPs and Lords to dictate our EU exit and what it will look like.
Last night's changes - if they are accepted by MPs - would give MPs the power to stop the UK from leaving without a deal, and could keep us in altogether.
It would mean that Parliament has the power to decide what happens if MPs turn down the final arrangement that David Davis and Michel Barnier strike.
Critics say this is ignoring the will of the 17 million Brits who voted for Brexit.
Ministers said it could even risk "weakening" the UK's hand in negotiations - because the EU know that they will have to get MPs to pass it at the end of the day.
What happens next?
Lords have another day to debate amendments to the EU Withdrawal Bill tomorrow, on May 2.
Then it will return to the Commons for MPs to consider the changes.
But the Government are sure to try and overturn them, and it could result in a game of ping pong between the two Houses as t hey fight over the wording.
When it has been agreed by both the Commons and the Lords, it's ready for Royal Assent and will officially become law when we quit the EU.
But if they don't agree on it, the Bill could fail totally.
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In that case, the Commons could use an Act of Parliament to pass the Bill without the consent of the Lords.
Only seven have become law under this procedure - and a further three were set to do so but the Lords eventually caved in.
Ministers could also try invoke the Salisbury Convention - which ensures that Government Bills can get through the Lords when they have no majority there - because it was a promise mentioned in an election manifesto.