What is the Kyle-Wilson amendment that could deliver a fresh Brexit referendum?

The latest plan to give the public a Final Say could involve Labour backing Theresa May’s deal

(PA)

MPs pushing for a fresh Brexit referendum have changed their approach in recent weeks after it became clear that they did not have the numbers needed to win a majority in the Commons.

Now, rather than trying to force a second referendum instead of backing Theresa May’s deal, they believe the path to another public vote may involve doing exactly that.

Their latest proposal, put forward by Labour backbenchers Peter Kyle and Phil Wilson, involves pledging to support the prime minister’s deal if she agrees to put it to a public vote.

The two MPs will table their plan as an amendment when the prime minister puts her revised Brexit deal back before the Commons, which she had vowed to do on or before 12 March.

They will try to win over Tory MPs by offering to help the government get its deal through parliament if it agrees to a “confirmatory” referendum.

It is unclear whether this will work. Ms May has repeatedly ruled out another referendum, meaning the Kyle-Wilson amendment would need the backing of the Labour leadership and dozens of Tory backbenchers if it is to pass.

Pro-referendum campaigners received a boost last week when Labour switched to supporting a fresh referendum after its own Brexit plan was rejected by MPs.

However, the Labour leadership is said to be unhappy with the Kyle-Wilson amendment in its current form because it would require them to agree to support Ms May’s deal.

Sir Keir Starmer, the shadow Brexit secretary, is leading efforts to find a form of words that MPs across the party could support, and which would not involve Labour voting for Ms May’s deal.

The redrafted amendment could say that parliament was “withholding support” for the prime minister’s plan until the public had been given a say. This would allow Labour to abstain on Ms May’s deal, thereby allowing it to pass the Commons but forcing the government to ask voters whether or not they wanted to confirm parliament’s decision.

Even if the amendment does secure the backing of the Labour leadership, however, dozens of the party's MPs have pledged to vote against any fresh Brexit referendum. How many ultimately do so is likely to depend on how strictly Labour orders its MPs to back the motion. Some have suggested that Jeremy Corbyn could give his MPs a free vote on the matter in a bid to avoid a major rebellion.

Labour is also expected to put forward its own amendment calling for a fresh public poll.

John McDonnell, the shadow chancellor, told ITV this week: “When the meaningful vote comes back – and we are told maybe that might be on 12 March – there are rumours today that it could be next week…That’s the time when we will have to put the amendment up.”

Either way, if it is to pass, the Kyle-Wilson amendment will need to be supported by significantly more Tory MPs than the handful that have so far backed a fresh referendum.

Mr Kyle has insisted he is confident this will happen, but is unclear where the numbers will come from – for now, at least. That could change as the prospect of a no-deal Brexit gets ever closer.

Then there is the question of what should be included on any referendum ballot as an alternative to Ms May’s plan. Mr Kyle and Mr Wilson, along with Labour shadow ministers, have said the only alternative would be to remain in the EU, but others are likely to demand that a no-deal Brexit is also listed as an option.

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