Justice Secretary David Gauke warned the Prime Minister should accept her deal may never get through Parliament and cave in to the will of the majority of the House of Commons to make sure at least a form of Brexit is delivered. He told BBC1’s The Andrew Marr Show: “If Parliament is voting overwhelmingly against leaving the European Union without a deal but is voting in favour of a softer Brexit, then I don’t think it’s sustainable to ignore Parliament’s position and therefore leave without a deal. I think we also have to recognise my party does not have the votes to get its manifesto position through the House of Commons at the moment. 

“We are in an environment when it is not just about going for your first choice.

“Sometimes you do have to accept your second or third choice in order to avoid an outcome you consider to be even worse.”

The 2017 Conservative Party’s manifesto states that “as we leave the European Union, we will no longer be members of the single market or customs union”.

Mrs May’s withdrawal agreement was rejected for the third time on Friday by a majority of 58 MPs.  

Brexit LIVE: PM faces MASS resignations: Gauke will walk if customs union plan ruled out

Despite Parliament seems unwilling to accept her deal, the Prime Minister looks set to bring it back to the Commons for a fourth time later this week.

Today MPs will hold a second round of indicative votes, after they failed to find an agreement on the several Brexit options they examined on Thursday.

Mrs May is expected to tell her Cabinet to abstain in this votes to avoid showing a deep division within the Government.

While 13 Brexit-backing ministers are believed to be ready to back a no deal Brexit despite Parliament overwhelmingly ruled it out earlier this month, 10 representing the Remainer side of the Cabinet are pushing for a customs union membership, according to the Sunday Telegraph. 

One senior Cabinet minister said: “Everyone has hoped that they wouldn’t have to have an opinion on it but it is coming down to a pretty binary choice.”

Chances of having a majority of the MPs backing a soft Brexit grew last week, as Tory MP Ken Clarke brought forward a plan urging to negotiate with Brussels a customs union membership which came the closest to be approved among the eight indicative votes.

The text of the proposal urged the Government to negotiate a “permanent and comprehensive UK-wide customs union with the EU” in any Brexit deal.

Backed by Labour’s Yvette Cooper, Helen Goodman, the chair of the Commons exiting the EU committee, Hilary Benn, and the former Tory ministers Sir Oliver Letwin and Sarah Newton, it was defeated by 265 to 271. 

If No10 backed a customs union, Mrs May would have to expect the outrage of Brexiteer MPs and most likely the resignations of some Cabinet ministers.

A 10 Downing Street spokesman said: “We are committed to delivering the Brexit deal – which does not include membership of the custom union.

“What it does ensure is that we take back control of our money, laws and borders and it means we can strike independent trade deals with third countries.

“The legal default is now that the United Kingdom is due to leave the European Union on 12 April.

“However Parliament has been clear it will not permit the UK to leave without a deal.”   

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