David Davis plans to stand in a by-election where he wants to makes this a referendum on liberty – the Liberal Democrats have already said they will not stand against him.

UPDATE : Sky reports that David Davis told Nick Clegg of his intentions last night. Clegg’s statement:

“David Davis’s decision to resign his seat and fight a by-election over the issue of 42 days is a dramatic move. I am grateful to him for having informed me following the vote of his intention to take this step.

“The Liberal Democrats have consistently opposed this unnecessary and illiberal proposal which poses a threat so serious to British liberties that it transcends party politics.

“I have therefore decided, after consultation with the Party nationally and locally, that we will not stand a candidate at the forthcoming by-election which will be contested by David Davis solely on this issue.

“The Liberal Democrats will of course fight the Haltemprice and Howden seat as vigorously as ever at the next General Election.”

Cameron says “we wish David Davis well”. Told the BBC he would campaign for David Davis in the by-election. Local Tories say they were in the know, Duncan Gilmour, chairman of Haltemprice and Howden Conservative Association, has told the Telegraph that Davis discussed the plan with him “earlier this week” and that “a number of conversations” has taken place between Davis and his local party officers during the course of this week. “I’m absolutely sure the local association here will fully support and vindicate his stance” he says.