Brexit: Speaker could stop Theresa May's staging repeat votes on her deal after defeats, cabinet minister admits

'There is something called ‘the same question’ issue, which is where you can’t put exactly the same wording to the House in the same session multiple times'

Theresa May could be breaking Commons rules if she keeps bringing her Brexit deal back to the Commons after multiple defeats, a cabinet minister has admitted.

MPs should not be asked “the same question” in the same session, Andrea Leadsom acknowledged – potentially allowing the Speaker to rule a third “meaningful vote” out of order.

The bombshell admission came after John Bercow selected an amendment to today’s Brexit motion, allowing MPs to vote on the controversy later today.

“There is something called ‘the same question’ issue, which is where you can’t put exactly the same wording to the House in the same session multiple times,” Ms Leadsom, the Commons leader, said.

“So there is a technical question in terms of House procedures as to whether you can keep doing that.”

The Independent revealed in January that pro-EU MPs believed that Ms May’s tactic to bludgeon her deal through, despite heavy defeats, was barred by parliamentary rules.

Erskine May, the parliamentary ‘bible’, states a motion should be ruled out of order if it is “the same, in substance, as a question which has been decided”, to prevent the executive bullying the legislature.

An amendment tabled by Labour MP Chris Bryant, to prevent further votes on the deal will be voted on as part of the motion on extending Article 50, to delay Brexit.

Speaking to BBC Radio 4, Ms Leadsom said she believed more meaningful votes were allowed “if it were felt that the view of the House had changed”.

Talks are ongoing with the Democratic Unionist Party in the hope of persuading the party that – despite devastating legal advice this week – there is an escape route from the Irish backstop.

The European Research Group (ERG) of Tory Brexiteers appears split, some ready to get behind the deal rather than face the “long extension” Ms May is threatening.

Ms Leadsom added: “If the EU were to concede a resolution to the backstop that might command the majority of the House, then theoretically there could be a way to bring that meaningful vote back again.”

The comments follow Mr Bercow announcing that “a ruling would be made” on the controversy, setting himself on a fresh collision course with the government.

Downing Street is thought to believe it can “disapply” any ruling he makes by winning a Commons vote on whether the vote should go ahead.

On Wednesday, the Speaker said: “There are historical precedents for the way such matters are regarded. I don’t need to treat of them now and no ruling is required now.

“A ruling would be made at the appropriate time, and I’m grateful for [Labour MP Angela Eagle] reminding me that such a ruling might at some point in the future be required.”

Significantly, Mr Bercow has sought to build a reputation as a champion of backbenchers against the government and has sided with MPs in many disputes.