Contempt vote forces release of full legal advice on Brexit deal
MEMBERS of Parliament swooped to take control of the Brexit process yesterday when they inflicted a series of defeats on the UK Government.
Theresa May’s authority suffered a humiliating blow when MPs found the Government in “contempt” of Parliament for failing to publish its full legal advice on the Brexit deal.
Tory rebels then joined with the Opposition to back an amendment by pro-EU Conservative MP Dominic Grieve designed to give Parliament the power to tell the Government what to do if Mrs May’s landmark Brexit legislation is defeated on December 11.
Remainers will hope that this will enable MPs to put the country on the path to a second referendum and remove the risk of leaving the EU without a deal.
Shortly after the vote, Mr Grieve said: “MPs are tonight starting the process of taking back control.”
The UK Government is expected to publish the legal advice today.
The defeats came on the same day that the European Court of Justice’s advocate general said the UK can stop the process under which the country will leave the EU on March 29.
Meanwhile, in the National Assembly the Welsh Government underscored its unhappiness with the PM’s deal, with Finance Secretary Mark Drakeford saying it failed to meet the “fundamental interests” of Wales and the UK.
THERESA May’s Government is to release its legal advice on the Brexit deal today, after being found in contempt of Parliament over its refusal to publish it in full.
In dramatic scenes at Westminster, the Prime Minister’s Democratic Unionist Party allies joined Labour and other opposition parties to inflict defeat on the Government by 311 votes to 293.
The humiliating division came shortly before Mrs May was due to open a five-day debate on her deal, amid widespread expectation that MPs will reject her proposals.
Minutes after the historic contempt vote, the Government went down to its third defeat in the space of an hour as MPs backed a move which could put Parliament in the driving seat if the Brexit deal is rejected on December 11.
If her deal falls in the “meaningful vote” next week, the PM has 21 calendar days to set out a statement on her next steps.
Former attorney general Dominic Grieve’s amendment will make any such statement itself amendable, meaning that MPs can effectively direct the Government on how to respond to the defeat of Mrs May’s plans.
This could open the door for the Commons to throw its weight behind a Norway-style soft Brexit or even a second EU referendum, though prominent Leave-backing MPs questioned whether any such vote would be binding on ministers.
Cardiff South and Penarth Labour MP Stephen Doughty – a prominent campaigner for a second referendum – described the scenes in Parliament as “extraordinary and historic”.
Labour’s Shadow Brexit Secretary Sir Keir Starmer said that the finding of contempt was “a badge of shame” for the Government, with “huge constitutional and political significance”.
It is the first time in modern history that a Government has been found in contempt of Parliament.
“It is highly regrettable that the Government has let it come to this, but ministers left the opposition with no option but to bring forward these proceedings,” said Sir Keir.
“By treating Parliament with contempt, the Government has proved it has lost its majority and the respect of the House. The Prime Minister can’t keep pushing Parliament away or avoiding responsible scrutiny.”
Only hours before the vote, Mrs May had told Cabinet that “candid” legal advice given to ministers must remain confidential, despite a Commons vote last month demanding its publication in “final and full” form.
Attorney General Geoffrey Cox insisted the Government had “gone out of its way” to satisfy the terms of the humble address to the Queen passed by Parliament on November 13.
Speaking after the vote, Leader of the Commons Andrea Leadsom said: “We’ve tested the opinion of the House twice on this very serious subject. We’ve listened carefully and, in light of the expressed will of the House, we will publish the final and full advice provided by the Attorney General to Cabinet.”
Mrs Leadsom has written to the Committee of Privileges watchdog, calling for an inquiry into the use of the humble address procedure, which had fallen out of use since the 19th century but has been revived by Labour to inflict a number of binding defeats on the Government.
The constitutional row came as:
■ Bank of England governor Mark Carney warned a no-deal Brexit could result in shopping bills soaring by 10%;
■ the European Court of Justice’s senior lawyer said the UK could unilaterally revoke Article 50, which triggered the Brexit process;
■ a senior Toyota executive warned a no-deal Brexit could result in “stopstart production” for weeks or months at the car giant’s UK plant; and
■ the BBC dropped proposals for a TV debate featuring Mrs May and Labour leader Jeremy Corbyn, followed by a discussion between eight panellists including politicians from different sides of the Brexit debate.
Meanwhile, at the Commons Business Committee, Toyota Europe dep-