Jeremy Corbyn is not a dictator. He said so himself this morning on the Andrew Marr show on BBC1. He was pressed repeatedly by Marr about his Brexit policy. Corbyn not only struck faithfully to the 2018 Conference Policy but made clear future policy would be decided by the Party. Don't take my word for it. Check out Paul Waugh, Editor of the Huffington Post here. Others clung on to him repeating scope for fresh negotiations. I understand that to mean he still wants to unify the country. In 20 seconds he spelled out Labour's priorities for the country see clip here. It is a tall order, but an entirely worthy political objective after the last 8 years in British politics. So let's forget internal Labour Party considerations for a moment and let's reflect on recent events.
What is new in the last week is the readiness of Parliament to stop the Executive leading the country to a “No Deal” Brexit. Speaker Bercow's ruling that allowed Parliament to vote on a Conservative backbencher's amendment to oblige the Executive with regard to Brexit to stop dragging its feet has created a limited precedent. It passed by a majority of 11. There has been much constitutional shroud waving. But the Executive has only itself to blame – pulling the so-called meaningful vote on the May deal in mid-December was arguably a far greater constitutional outrage. Now there is a precedent within the scope of the legislative provisions for Withdrawal from the European Union to knock “No Deal” off the agenda and quickly, if Parliament so decides. The Executive has three Parliamentary sitting days to come back with alternative proposals if, as expected, the May Deal is voted down. A question for Parliament, if the Executive fails to come back with legislation to avoid a no deal, should a move be made to enable Parliament in this instance to rule immediately against “No Deal”? I'm running a 24-hour poll here.
What form could such action take? A comrade in the Society of Labour Lawyers tells me this is not easy given the framing of the Withdrawal from the European Union Act (domestic legislation not the draft Treaty). My understanding is that leaving the EU on the 29 March can be delayed by mutual agreement or halted by revoking Article 50. I set out my preference in Chartist #296 edition here.
Sadly, we are likely to be subject to yet more uncertainty while Parliament scrabbles to rediscover its mojo. Let's keep the focus on Corbyn, rather than concern ourselves with what will undoubtedly be Conservative Party convulsions in the event of defeat for its EU deal to leave and worthless words about what happens next.
What will he do after the Tellers announce the vote at around 1930 on Tuesday night?
Speculation presumes he will table a vote of No Confidence in the government under the terms of the Fixed Term Parliament Act. Though he was somewhat coy in answer to questions from Marr this morning – wait and see, he said with a smile. If a majority of the House of Commons has no confidence on Wednesday night the Conservatives will have until the end of January to overturn the vote, or head to the Palace to seek the dissolution of Parliament and name the date for a General Election in late February or early March.The challenge then for those of committed to the Remain and Transform the EU agenda is to get that reflected in the Party's General Election manifesto. If a vote of no confidence under the FTPA is lost, then other means have to be found to stop “No Deal” and reframe party policy to ensure that if, for example, a 'public vote' is the preferred Parliamentary option then Labour backs Remain and campaigns for that option.
Under the terms of the Labour Party Rule Book Chapter 3, Cause III, 1 (a) the National Executive Committee can call a Special Conference at any time. Many Constituency Labour Parties and some affiliates, including the union TSSA and socialist society, Labour Business have already come out in support. What is less clear is what the options might be for resolution at such a Conference. Most favoured is a 'People's Vote'. But what would be the questions? If Parliament votes down the Conservative deal, should that be on the referendum voting paper with Remain. Should it be between 'No deal' and 'Remain, or could all three options be included? The Leadership has sustained a position of constructive ambiguity in a bid to retain credibility with those Labour Leave voters in Labour seats. Could that support be lost if the 2018 Conference policy were reopened? That decision to open up debate or not will be for the National Executive Committee. Feeling among Remain members are becoming frayed. A straw poll at a People's Vote rally attended by over 600 people in London on Friday revealed a high proportion of attendees were Labour Party members of whom a significant proportion would NOT vote Labour if it stuck with it's current Brexit position going into the next General Election. Alternatively, a Special Conference could offer an opportunity to reframe policy keeping both Labour Leavers and Remainers – cross-party - on side for Labour by building the case for addressing the country's longstanding economic and social problems, but from within the EU.
With a public vote option emerging as the only viable means of resolving the current Parliamentary impasse, what alternative does Labour have other than to back Remain? So Jeremy, let's get on with making the case.