Analysis

Brexit deal split deeply risky move for Theresa May as MPs smell a trap

If this appears a mess, it's because it is. And it could get worse, whichever way Friday's vote on the withdrawal agreement goes.

Prime Minister Theresa May
Image: Theresa May will ask MPs to vote only on one half of her Brexit deal
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Extraordinary times calls for extraordinary metaphors. None more so than Labour MP Mary Creagh's assertion that "you cannot separate the goat's head".

She was referring to the prime minister's Brexit deal and the government's attempt to split it into two parts, in a bid to finally get it through the House of Commons.

MPs will on Friday be asked to vote only on the main part of the deal - the withdrawal agreement.

This is essentially the divorce arrangement, and crucially MPs only need to approve this part to satisfy the EU and unlock a new Brexit day of 22 May.

It also gets around the ruling by Commons Speaker John Bercow that MPs cannot be presented with another vote on the Theresa May's Brexit deal that is identical to the last.

Explained: Which part of May's deal MPs will vote on tomorrow
Explained: Which part of May's deal MPs will vote on tomorrow

Theresa May is to ask the House to vote on the two elements of her Brexit plan separately in the hope they pass

UK law dictates that the second part of the deal, the political declaration - which covers the future relationship - would still need to be passed before we leave the EU.

The hope from Downing Street will be that staging a vote on the sole principle of leaving the EU, on the date the UK was originally meant to leave the EU, could push MPs from all parties to fall in line.

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But there are several issues that could scupper Number 10's cunning plan.

The first and most obvious is that there is no indication that Tory Brexiteers or the Northern Irish DUP party will vote for a standalone withdrawal agreement.

After all, their big issues are with this part of the deal.

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DUP: PM's deal will 'damage the Union'

Secondly, stripping out the part of the deal that outlines what future relationship we will seek with the EU will annoy Labour MPs, who are already angry about not knowing what type of Brexit lies ahead due to the vague nature of the political declaration.

No doubt, the government will seek to reassure MPs by promising to bring back another full vote on the whole Brexit deal in the coming weeks, giving them a chance to take blocking action.

But some MPs smell a trap.

It is UK law that dictates that both parts of Mrs May's deal need to passed before Brexit.

Could the government seek to change the law and then attempt to leave the EU on the basis of tomorrow's vote?

Other questions also linger.

What happens if the EU is satisfied with Friday's vote and pencils us in for a Brexit on 22 May, but UK law says otherwise?

Brexit political declaration: What you need to know
Brexit political declaration: What you need to know

Labour MPs have already warned that this could mean the government is acting illegally.

In one respect, the EU's deadline to pass the withdrawal agreement by Friday evening has forced Downing Street into doing something.

And if the vote goes down, blame for blocking Brexit and whatever follows can be laid at the door of the Brexiteers, the DUP and Labour.

But it's a deeply risky move for the prime minister.

Just on Thursday, Mrs May indicated she would resign to get her deal through.

If she loses on Friday, she will be hobbled again.

If this all appears like a mess, it's because it is.

And it could get worse, whichever way Friday's vote goes.