Opposition accuses May of misleading parliament
After an unprecedented rebuke from Parliament, the British government was forced to publish yesterday the closely guarded legal assessment of its Brexit deal with Brussels, triggering searing criticism from politicians around Westminster.
Officials said Theresa May was preparing to introduce new concessions in the face of political fears over a socalled backstop arrangement in the deal, which would lock the UK into a customs union with the EU until a means was found of keeping the Irish border open.
In the full legal advice, Attorney General Geoffrey Cox said a proposed temporary backstop deal could continue indefinitely.
This led opposition parties to accuse the prime minister’s team of being in a crisis and “misleading the house inadvertently or otherwise”.
Mrs May faces a critical deadline on December 11 to secure backing from the House of Commons for the compromise struck with Brussels last month.
Mr Cox said the arrangement, which would temporarily allow the entire UK to retain frictionless trade, could be unbreakable if the EU and UK were unable to reach a permanent agreement over the Irish border.
“Despite statements ... that it is not intended to be permanent, and the clear intention of the parties that it should be replaced by alternative, permanent arrangements, in international law the protocol would endure indefinitely until a superseding agreement took its place, in whole or in part,” Mr Cox wrote in a letter to Mrs May in mid-November.
“Further, the Withdrawal Agreement cannot provide a legal means of compelling the EU to conclude such an agreement. In the absence of a right of termination, there is a legal risk that the UK might become subject to protracted and repeated rounds of negotiations.”
The full legal advice was published only after legislators found the government in contempt of parliament.
It was one of three embarrassing defeats for the government in parliament on Tuesday, the first of five days dedicated to debating the final terms of Brexit.
The attorney general recounted an initial overview this week but refused to outline the full advice, saying it could harm the national interest.
But Labour’s shadow Brexit secretary, Sir Keir Starmer, dismissed the suggestion.
“All this advice reveals is the central weaknesses in the government’s deal,” he said.
Mr Starmer, the former director of UK public prosecutions, said it was “unthinkable that the government tried to keep” the information private before a final vote next week.
May loyalists rallied behind the prime minister in a day initially dedicated to security.
Home Secretary Sajid Javid conceded the EU deal was not perfect, but provided a solid foundation for future co-operation and ensured a “smooth transition”.
He said the “comprehensive agreement” was the best the EU held with any third country.
Labour’s Jeremy Corbyn, the opposition leader, did not use the chance to ramp up the Brexit pressure on Mrs May, choosing instead to directly question her on topics such as universal credit at yesterday’s prime minister’s questions.
The attorney general’s full legal advice reveals the deal could lock the UK into a customs union with the EU indefinitely