Yvette Cooper used the bungling of her opposite number to Labour's political advantage. Photo: Getty
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Labour is the real winner after the European Arrest Warrant vote that wasn't

Labour is set to use an opposition day debate on the eve of the Rochester and Strood by-election to debate and vote on the European Arrest Warrant.

Last night, the House of Commons fell into disarray as furious Tory MPs discovered that they would not be voting on the European Arrest Warrant, accusing the government of misleadingly ducking an issue that would see some backbenchers rebel.

The Labour party jumped on Theresa May's bungling with Yvette Cooper leaping up and proposing her own motion to postpone the vote. This led to some extraordinary filibustering from the Tories as they attempted to buy time for as many of their MPs, including David Cameron hurrying in in white tie having left the Lord Mayor's Banquet early, to turn up and vote.

Labour's motion was defeated by just 43 votes. But such a close vote, with 35 Tories rebelling to vote in favour of the motion, was a sign that the Labour party – which actually supports the government in wanting to opt in to the warrant – was calling the shots as government authority in the Commons dangerously wobbled.

Eventually, the government's original motion, which so controversially did not even mention the European Arrest Warrant, was comfortably passed, by 464 to 38. However, it looks like Labour continues to be the real winner, as it is reported this morning that the party is set to use an opposition day debate on Wednesday next week to discuss and vote on opting in to the warrant.

The date scheduled, 19 November, is on the eve of the Rochester and Strood by-election, which is awkward for the Prime Minister. To see rebellions from his eurosceptic MPs, as well as having to assert a pro-European position, the day preceding a by-election where it looks like the anti-EU Ukip is likely to defeat the Conservatives and take another of their seats is a very difficult situation for the PM.

Having been constantly criticising May in recent weeks for attempting to delay the vote until after the by-election, it looks like Labour is now deciding when and how the vote will play out with maximum damage to the government. The crisis of confidence in its leadership meant last week was one of Labour's very worst. But it has grasped this political opportunity smartly, and it looks like the spotlight will soon be back on Tory tensions.

Anoosh Chakelian is deputy web editor at the New Statesman.

Photo: Getty
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Jeremy Corbyn sat down on train he claimed was full, Virgin says

The train company has pushed back against a viral video starring the Labour leader, in which he sat on the floor.

Seats were available on the train where Jeremy Corbyn was filmed sitting on the floor, Virgin Trains has said.

On 16 August, a freelance film-maker who has been following the Labour leader released a video which showed Corbyn talking about the problems of overcrowded trains.

“This is a problem that many passengers face every day, commuters and long-distance travellers. Today this train is completely ram-packed,” he said. Is it fair that I should upgrade my ticket whilst others who might not be able to afford such a luxury should have to sit on the floor? It’s their money I would be spending after all.”

Commentators quickly pointed out that he would not have been able to claim for a first-class upgrade, as expenses rules only permit standard-class travel. Also, campaign expenses cannot be claimed back from the taxpayer. 

Today, Virgin Trains released footage of the Labour leader walking past empty unreserved seats to film his video, which took half an hour, before walking back to take another unreserved seat.

"CCTV footage taken from the train on August 11 shows Mr Corbyn and his team walked past empty, unreserved seats in coach H before walking through the rest of the train to the far end, where his team sat on the floor and started filming.

"The same footage then shows Mr Corbyn returning to coach H and taking a seat there, with the help of the onboard crew, around 45 minutes into the journey and over two hours before the train reached Newcastle.

"Mr Corbyn’s team carried out their filming around 30 minutes into the journey. There were also additional empty seats on the train (the 11am departure from King’s Cross) which appear from CCTV to have been reserved but not taken, so they were also available for other passengers to sit on."

A Virgin spokesperson commented: “We have to take issue with the idea that Mr Corbyn wasn’t able to be seated on the service, as this clearly wasn’t the case.

A spokesman for the Corbyn campaign told BuzzFeed News that the footage was a “lie”, and that Corbyn had given up his seat for a woman to take his place, and that “other people” had also sat in the aisles.

Owen Smith, Corbyn's leadership rival, tried a joke:

But a passenger on the train supported Corbyn's version of events.

Both Virgin Trains and the Corbyn campaign have been contacted for further comment.

UPDATE 17:07

A spokesperson for the Jeremy for Labour campaign commented:

“When Jeremy boarded the train he was unable to find unreserved seats, so he sat with other passengers in the corridor who were also unable to find a seat. 

"Later in the journey, seats became available after a family were upgraded to first class, and Jeremy and the team he was travelling with were offered the seats by a very helpful member of staff.

"Passengers across Britain will have been in similar situations on overcrowded, expensive trains. That is why our policy to bring the trains back into public ownership, as part of a plan to rebuild and transform Britain, is so popular with passengers and rail workers.”

A few testimonies from passengers who had their photos taken with Corbyn on the floor can be found here