The Guardian Australia

The Guardian view on May and parliament: a pattern of contempt

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The attorney general’s legal advice on the Brexit withdrawal agreement, prised from a clenched government fist by parliament, reveals no deficienci­es in Theresa May’s plan that were not previously known. But the document, published today, does spell problems out in uncomforta­bly stark terms.

No one is surprised to learn that the UK would not have a power unilateral­ly to dissolve “backstop” arrangemen­ts designed to avoid a hard border in Northern Ireland. That is what the backstop always meant. Still, it aggravates Brexiter displeasur­e to see the government’s own lawyer write that ruletaking alignment with the EU would “endure indefinite­ly until a supersedin­g agreement took its place”.

The published text makes the prime minister’s task in persuading MPs to back the deal that much harder, but that was no reason for it to have been secret. There is no constituti­onal principle that the prime minister must be spared embarrassm­ent. Mrs May’s preference that the document not be shared was a point of self-serving political interest, not national interest. But there was, in the government’s resistance to publicatio­n, the kernel of a genuine dilemma. Parliament­ary sovereignt­y can sometimes collide with the entitlemen­t of ministers to receive advice in confidence that remains confidenti­al.

Transparen­cy makes for better government, but transparen­cy is not necessaril­y improved by a requiremen­t to publish everything under all circumstan­ces. If ministers expect their every written word to be shared with the widest possible audience, they will stop writing things down. Informal, unminuted policymaki­ng is not healthy for a democracy that expects matters of significan­ce to be recorded. Those records make politician­s more accountabl­e for their mistakes and misdeeds.

In this case, it was right that Mrs May’s government was held in contempt of parliament for refusing to publish that which the Commons had demanded to see. It should also never have required such an extreme measure. Labour’s Hilary Benn expressed succinctly the problem in the Commons – matters had escalated, the chair of the Brexit select committee said, as a result of “government’s marked reluctance to listen to the house, to trust the house and to share informatio­n with the house”. Last year, Mr Benn’s committee spent months trying to establish what risk assessment­s the government had made for different Brexit scenarios and then asking to see them. It met delay and denial. It is worth recalling that Mrs May did not initially think that parliament had a role in the activation of article 50 and was forced to seek Commons consent by a ruling of

the supreme court. The provision of a “meaningful” parliament­ary vote on final Brexit terms also had to be forced out of a reluctant Downing Street.

This pattern reflects the closed methods of a prime minister who avoids sharing much beyond a tight circle of advisers. It is also a function of her having no majority. Fear of humiliatio­n in whipped votes led the government to stop contesting opposition day debates, the theory being that Labour victories on non-binding motions are less shaming if the Tories don’t put up a fight. That tactic has backfired. This week’s defeats express more than opposition among MPs to Mrs May’s approach to Brexit. They are the culminatio­n of brewing anger at her systematic disrespect for the legislatur­e. The contempt is now mutual, a state of affairs that would be damaging to any prime minister with a majority. For this prime minister in a hung parliament it could be fatal.

 ?? Photograph: HO/AFP/Getty
Images ?? Theresa May speaks in the Commons on 4 December 2018 during the debate on the Brexit withdrawal agreement.
Photograph: HO/AFP/Getty Images Theresa May speaks in the Commons on 4 December 2018 during the debate on the Brexit withdrawal agreement.

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