David Mundell faces losing a key aide over Brexit and its impact on citizens’ rights.
 

The threat to the Scottish Secretary comes with more than 60 Conservatives understood to have signed an amendment, tabled by Alberto Costa, which calls for a separate agreement with the EU to protect the rights of expats even if Britain crashes out without a dealthere is a no-deal Brexit.

Labour is also supporting the amendment and Mr Costa said it would be a “farce” if the Government did not back down.

Theresa May has insisted she wants to safeguard citizens’ rights, but told MPs that the EU did not have the “legal authority” to strike a separate deal outside the wider withdrawal agreement.

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Unless the withdrawal agreement goes through, any arrangements on citizens’ rights would have to be done on a country-by-country basis and may amount to assurances rather than legally binding treaties.

Mr Costa said his amendment, which already has support from 130 MPs ranging from Labour leader Jeremy Corbyn to Tory arch-Eurosceptic Jacob Rees-Mogg, would give the Prime Minister a mandate to push for a change with her fellow EU leaders. And he said his own job as a parliamentary private secretary (PPS) to Mr Scottish Secretary David Mundell was on the line as a result of his actions.

South Leicestershire MP Mr Costa said: “The purpose of the amendment is to say to the Prime Minister to go back to the EU and speak to her fellow heads of state and government to give the EU the legal mandate to get the citizens’ rights issue off the table once and for all.”

Around half of the 130 MPs already signed up are Conservatives and, coupled with Labour backing, the Government would face almost certain defeat if Speaker John Bercow called the amendment for a vote todayon Wednesday.
Mr Costa warned: “If the Government weren’t to accept this tomorrow, they will be staring an enormous defeat in the face.”

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He added: “The PM will see tomorrow, when the order paper is published, the very lengthy list of MPs who have signed up to it and at that point the Chief Whip will advise her, whether it is her or Stephen Barclay at the despatch box tomorrow, to accept my amendment. It would be a farce if they didn’t.”

On his own status as a parliamentary private secretary, Mr Costa said: “My own whip told me clearly that, as a PPS, I would have to consider my position.”