The House of Lords on Monday passed a bill requiring prime minister Theresa May to consult MPs on the length of any new Brexit delay, and preventing the UK leaving the EU without a deal on Friday.
The bill, proposed by Labour MP Yvette Cooper and approved by the House of Commons last week, is a key initiative by backbenchers to try to take control of the Brexit process amid the deadlock at Westminster over Mrs May’s withdrawal agreement.
The draft legislation had encountered hours of filibustering on Thursday by Eurosceptic peers who want the UK to leave the EU without a deal.
But it passed the Lords on Monday, with peers amending the draft legislation to reduce the possibility of an “accidental no-deal Brexit” because Mrs May lacked the authority to negotiate with other EU heads of government.
The bill was set to receive royal assent, the final stage of becoming a law, late on Monday evening.
On Friday Mrs May asked the European Council president Donald Tusk to delay Brexit for nearly three months, to June 30. Mr Tusk has proposed a longer delay of up to a year.
Any extension to the Article 50 divorce process under which the UK is meant to leave the EU on April 12 must be agreed unanimously by Mrs May and leaders of the other 27 member states.
EU leaders will gather at a summit in Brussels on Wednesday to consider Mrs May’s proposal. Last month leaders agreed to delay Brexit from March 29 to at least April 12.
Under Ms Cooper’s bill, Mrs May will be obliged to seek a Brexit delay, and to consult MPs on her proposed extension to Article 50.
But she will not have to return to the Commons if EU leaders decide on a different length of extension to Mrs May’s plan. Under the terms of the amendment approved by peers, she can accept the leaders’ offer.
David Pannick, a crossbench peer behind the amendment, argued the bill created the risk that MPs would on Thursday reject the leaders’ decision, by which time it would be too late for Mrs May to negotiate a different one.
Igor Judge, another crossbench peer, said Lord Pannick’s amendment had made a “bad bill rather better”, but argued the draft legislation set a “lousy precedent” and should be a “one-off”.
The government and Eurosceptic Tories have opposed Ms Cooper’s bill. Michael Howard, a former Conservative leader, said the bill was “totally misconceived”, because it sought to constrain the government’s prerogative powers in international negotiations.
Martin Callanan, the Brexit minister, said the Lords had respected the will of the elected Commons, which had passed the bill by one vote.
