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Back in the Commons Matthew Pennycook, the shadow Brexit minister, asks if ministers will comply with the Yvette Cooper bill, which would require the PM to ask for an article 50 extension.

Stephen Barclay, the Brexit secretary, says ministers comply with the law. That is in the ministerial code, he says. But he says Pennycook is getting ahead of himself. He says the bill has not passed the Lords, and it contains flaws.

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As mentioned earlier (see 9.08am), Labour’s Brexit divisions were also on display on the Today programme this morning. Shami Chakrabarti, the shadow attorney general, was on representing Labour and she was asked if she agreed with Emily Thornberry, the shadow foreign secretary, that any Brexit deal that Jeremy Corbyn agreed with Theresa May should be put to a public vote. Chakrabarti replied:

As you know, the public vote became part of our policy at our party conference last autumn. It became part of our policy for the purposes of breaking deadlock. That’s the purpose of it. It is not an end in itself. It’s a process thing, not a substance thing.

I think it will depend on the level of support. It really depends on whether it is required to break a deadlock …

I think Emily has got a point in that, because it’s five to midnight and because we haven’t broken a deadlock, a public vote – or, my preference by the way, which is a general election, which is another form of public vote – these options become much more significant, and possibly even necessary.

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Read More Brexit: Hammond opens up cabinet split by saying MPs should get vote on second referendum – live news

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