MPs send Brexit ball back into EU’s court…but will they play?

By the standard of recent months, Theresa May enjoyed a good night in parliament on Tuesday.

While there was no legislative victory to be had, there was a real risk that MPs would seize control of the Brexit process and render her deal defunct. In the event, MPs voted against extending the Article 50 withdrawal deadline (currently set as 29 March) and against measures that could have allowed parliament to dictate the government's next steps.

As for the notion of a second referendum, the game appears to be up. There simply isn't enough support for it.

After months of making it clear what they were against, MPs finally produced a majority in favour of something. The message to May was clear: renegotiate the terms of the Irish border backstop and your deal could get through parliament.

While she may have returned to Downing St last night in moderately high spirits, the hard work (some would say the impossible task) starts now. The European Commission fired off a statement as soon as last night's votes in parliament were concluded, reiterating its position that the withdrawal agreement is not open for renegotiation. The leaders of France and Ireland also echoed the line. But – as plenty of MPs noted last night – they would say that, wouldn't they? A negotiation they considered to be closed is now, as far as one side is concerned, very much open. It's likely that the EU's most senior officials had hoped that by now MPs would have forced May towards either a second referendum or membership of a permanent customs union. Instead, parliament revived itself last night and summoned up the energy for one more overture to Brussels.

The EU would be wise to engage constructively.

The PM can now deliver a clear message: parliament wants a deal and it is in the EU's gift (and interest) to offer one that commands support.

Yesterday the Irish government published its assessment of the economic impact of a no-deal scenario, forecasting a big hit to Irish growth, employment and its public finances. This follows Ireland and the EU conceding that the backstop arrangements are not as cast-iron as they've made out.

Now is surely the time for some flexibility on their part and to meet the prime minister with an open mind.

That is, for now at least, the will of the British parliament.