Theresa May loses control of Brexit policy as MPs move to dictate terms over next 48 hours

She must now let MPs decide whether to rule out a no-deal Brexit and extend the Article 50 period

Theresa May has finally lost control of Brexit after her deal was once again defeated in parliament by a huge margin on a catastrophic night for her plans.

She must now let MPs decide whether to rule out a no-deal Brexit and has been forced to allow her ministers to vote as they wish to stop a devastating public split in her cabinet.

In a humiliating Commons speech the prime minister said with a broken voice that she will also let the Commons vote on delaying the UK’s departure beyond 29 March and agreed to enact whatever was decided.

It means over the next 48 hours cross-party groups of MPs will probably table plans for delaying Brexit for different periods; for leaving on different terms; and for giving the British public a Final Say referendum.

Ms May’s aides and her cabinet ministers indicated the government is also prepared to bring her deal back for a third vote even as early as next week, with Ms May’s strategists betting that rebellious Brexiteers could support it once no deal is removed as an option.

The day had begun hopefully for the prime minister after she returned from Strasbourg with what appeared to be significant changes to her deal to allay concerns from rebel Tories and the DUP.

But her fortunes took a nose dive when legal advice issued by the government’s top lawyer, attorney general Geoffrey Cox, revealed that her tweaks did not change the fact that the UK may become indefinitely trapped in a customs union with the EU under her plans.

As a result, Ms May lost the critical “meaningful vote” on her deal on Tuesday night by 149 votes, after 75 Tories rebelled and the DUP refused to back it.

That was less than the 230-vote margin of defeat from the first time round, showing that some Tories had been won over, but it was still the fourth biggest loss in Commons history.

Due to previous commitments forced out of Ms May, the house will now on Wednesday vote on whether to leave the EU without a deal, and on Thursday, to extend the Article 50 negotiating period beyond 29 March.

Voting against leaving without a deal and for an extension does not solve the problems we face. The EU will want to know what use we mean to make of such an extension and this house will have to answer that question

Prime minister Theresa May 

There are cabinet ministers wanting to remove no deal as an option, like Amber Rudd, David Gauke, Greg Clark, and wanting to keep it on the table, like Liam Fox and Andrea Leadsom – leaving the prime minister no choice but to back away from whipping the vote.

Acknowledging that she must now allow votes on outcomes she has vehemently excluded from her Brexit policy, she warned: “Voting against leaving without a deal and for an extension does not solve the problems we face.

“The EU will want to know what use we mean to make of such an extension and this house will have to answer that question. Does it wish to revoke Article 50? Does it want to hold a second referendum? Or does it want to leave with a deal, but not this deal?”

In a croaking voice, reminiscent of her conference speech of 2017, she added: “These are unenviable choices. Thanks to the decision that the house has made this evening, they are choices that must now be faced.”

It means MPs of all colours will be able to bring forward plans to try and direct the country’s next steps with Ms May bound to follow them if they gain a majority in the Commons.

One group placed a motion on Wednesday’s vote to delay Brexit until 22 May and then leave without a deal, backed by Tory Brexiteers Steve Baker, Jacob-Rees Mogg and Iain Duncan Smith, pro-EU Conservatives Nicky Morgan, Simon Hart and Damian Green and the DUP’s Westminster leader Nigel Dodds.

Others are expected in coming days, including one from Labour backbencher Yvette Cooper and her Conservative allies Oliver Letwin and Nick Boles.

It is expected that there could be a motion to rewrite legislation so that 29 March is no longer the UK’s legal date of exit, supporters of a new referendum are likely to table plans and there may also be a drive to push the UK towards remaining in a customs union with the EU.

Mr Rees-Mogg, chair of the Brexit-backing European Research Group (ERG), warned those looking to delay the UK’s departure that it would not be easy to extend Article 50.

“The default legal position remains, as the prime minister pointed out, that we still leave on 29 March,” he said.

“It would have to be changed by law, and the law is not easy to change.”

Pointing out that an extension would also require the permission of all 27 EU states, he added: “What is going to be asked for in this extension?”

French president Emmanuel Macron has stated that for the EU to grant an extension he would want to see a change in Britain’s negotiating position, possibly pointing to a softer Brexit.

France has also demanded better access to UK fishing waters in the past and Spain could ask for concessions relating to Gibraltar.

European Commission president Jean-Claude Juncker has warned any delay cannot stretch beyond 23 May unless the UK takes part in the European parliament elections starting on that date.

Asked after the defeat in the Commons whether the government would consider bringing back Ms May’s deal for a further vote, the prime minister’s spokesman indicated it was possible, saying: “We have two votes coming up. So let those votes take place, and then let’s address the issues once that’s happened.”

Cabinet minister Alun Cairns went further saying that the second defeat for Ms May’s negotiated settlement was not “the end of the deal” and that there was still “everything to play for”.

He said: “I also think that as those votes [on removing no-deal and delaying Brexit] go through if no deal is taken off the table, I suspect that there’ll be a lot of ERG colleagues who might then think now this is the time to support a deal.”