Ed Balls progresses in Labour leadership race

Former schools secretary just one vote away from making it on to the ballot paper.

Labour has just updated the nominations counter on its website and there's some good news for Ed Balls. After being forced to deny that he would struggle to achieve the required 33 nominations, the former schools secretary is now just one vote away from making it on to the ballot paper.

It's worth noting that Yvette Cooper and John Healey are the only shadow cabinet members to have nominated him.

I expect that Balls's many opponents (inside and outside of the cabinet) will be pleased he's progressing. A large number believe it essential that he is defeated decisively in an open contest.

Elsewhere, David Miliband remains in the lead with 54 nominations, while Ed Miliband has 45. Andy Burnham has 17 nominations, but with 103 votes left to play for, he's still in with a shout of making it on to the ballot. But it doesn't look like either John McDonnell or Diane Abbott will do so. McDonnell has just six nominations and Abbott one (from David Lammy).

Here's a guide to who the shadow cabinet have nominated so far (those yet to nominate in bold):

Douglas Alexander (David Miliband)

Ed Balls (himself)

Hilary Benn (Ed Miliband)

Ben Bradshaw

Nick Brown

Liam Byrne

Andy Burnham (himself)

Yvette Cooper (Ed Balls)

Alistair Darling

John Denham (Ed Miliband)

Peter Hain (Ed Miliband)

Harriet Harman

John Healey (Ed Balls)

Tessa Jowell (pledged to support David Miliband)

Alan Johnson (David Miliband)

Sadiq Khan (Ed Miliband)

Pat McFadden (David Miliband)

David Miliband

Ed Miliband (himself)

Jim Murphy (David Miliband)

Jack Straw

Shaun Woodward

Rosie Winterton (Ed Miliband)

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Labour will soon be forced to make clear its stance on Brexit

The Great Repeal Bill will force the party to make a choice on who has the final say on a deal withg Europe.

A Party Manifesto has many functions. But rarely is it called upon to paper over the cracks between a party and its supporters. But Labour’s was – between its Eurosceptic leadership and its pro-EU support base. Bad news for those who prefer their political parties to face at any given moment in only one direction. But a forthcoming parliamentary vote will force the party to make its position clear.

The piece of legislation that makes us members of the EU is the European Communities Act 1972. “Very soon” – says the House of Commons Library – we will see a Repeal Bill that will, according to the Queen’s Speech, “repeal the European Communities Act.” It will be repealed, says the White Paper for the Repeal Bill, “on the day we leave the EU.”

It will contain a clause stating that the bit of the bill that repeals the European Communities Act will come into force on a date of the Prime Minister's choosing. But MPs will have to choose whether to vote for that clause. And this is where Labour’s dilemma comes into play.

In her Lancaster House speech Theresa May said:

“I can confirm today that the Government will put the final deal that is agreed between the UK and the EU to a vote in both Houses of Parliament, before it comes into force.”

Later that day David Davis clarified May’s position, saying, of a vote against the final deal:

“The referendum last year set in motion a circumstance where the UK is going to leave the European Union, and it won’t change that.” 

So. The choice the Tories will give to Parliament is between accepting whatever deal is negotiated or leaving without a deal. Not a meaningful choice at all given that (as even Hammond now accepts): “No deal would be a very, very bad outcome for Britain.”

But what about Labour’s position? Labour’s Manifesto says:

“Labour recognises that leaving the EU with ‘no deal’ is the worst possible deal for Britain and that it would do damage to our economy and trade. We will reject ‘no deal’ as a viable option.”

So, it has taken that option off the table. But it also says:

“A Labour approach to Brexit also means legislating to guarantee that Parliament has a truly meaningful vote on the final Brexit deal (my emphasis).”

Most Brexit commentators would read that phrase – a meaningful vote – as drawing an implicit contrast with the meaningless vote offered by Theresa May at Lancaster House. They read it, in other words, as a vote between accepting the final deal or remaining in the EU.

But even were they wrong, the consequence of Labour taking “no deal” off the table is that there are only two options: leaving on the terms of the deal or remaining. Labour’s Manifesto explicitly guarantees that choice to Parliament. And guarantees it at a time when the final deal is known.

But here’s the thing. If Parliament chooses to allow Theresa May to repeal the European Communities Act when she wants, Parliament is depriving itself of a choice when the result of the deal is known. It is depriving itself of the vote Labour’s Manifesto promises. And not only that - by handing over to the Prime Minister the decision whether to repeal the European Communities Act, Parliament is voluntarily depriving itself of the power to supervise the Brexit negotiations. Theresa May will be able to repeat the Act whatever the outcome of those negotiations. She won’t be accountable to Parliament for the result of her negotiations – and so Parliament will have deprived itself of the ability to control them. A weakened Prime Minister, without a mandate, will have taken back control. But our elected Parliament will not.

If Labour wants to make good on its manifesto promise, if Labour wants to control the shape of Brexit, it must vote against that provision of the Repeal Bill.

That doesn’t put Labour in the position of ignoring the referendum vote. There will be ample time, from October next year when the final deal is known, for Labour to look at the Final Deal and have a meaningful vote on it.

But if Labour supports the Repeal Bill it will be breaching a clear manifesto promise.

Jolyon Maugham is a barrister who advised Ed Miliband on tax policy. He blogs at Waiting for Tax, and writes for the NS on tax and legal issues. 

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