Brexit advice not like Iraq situation, says Blair minister

Lord Goldsmith points out Parliament has voted to see guidance as pressure mounts on Government

THE Government’s claim that Brexit legal advice should be kept secret because of the precedent set by the Iraq War is wrong, the attorney general under Tony Blair has said.

Theresa May will today refuse to publish the full legal advice she received on the grounds that it is “privileged”, in defiance of a majority of MPS.

Geoffrey Cox, the Attorney General, will instead only give a “reasoned position statement” summarising the legal advice while he takes questions in the Commons. John Bercow, the Speaker, has warned that ministers could face suspension from the Commons for failing to publish the guidance under “contempt of Parliament” proceedings.

During a debate last week Lord Keen of Elie, a minister, highlighted the justification given by Lord Goldsmith, Mr Blair’s attorney general, for refusing to publish his advice in 2003.

Quoting Lord Goldsmith’s words at the time, Lord Keen said advice from the law officer “is covered by legal professional privilege and is subject to a long-standing convention that prevents disclosure of the advice or even the fact that the law officer has been consulted”.

He added: “That explains why it’s not appropriate for me to go further, but to anticipate a statement that has not yet been made I would suggest is wholly inappropriate.”

However, Lord Goldsmith himself directly contradicted Lord Keen during the debate.

He pointed out that, unlike during the Iraq War, Parliament has voted for the release of the Brexit legal advice. He added that his advice had been ultimately published during the Iraq War inquiry.

He said: “I do not agree with or accept the characterisations made in relation to what happened in 2003, but that is for another day.

“Of course, all the advice given on Iraq was disclosed in the Chilcot inquiry and looked at in great detail. It is important to recognise that.

“Secondly, I want to press the noble and learned Lord on the point that he has not really dealt with. In 2003, no resolution or humble address was ever made by the House of Commons to the Government; they could have released whatever they wanted at any time.

“I am interested to know what the minister has to say about the effect of the Commons resolution.”

In his speech today, Mr Cox will make a “political” rather than “legal” argument about Mrs May’s Brexit deal and will argue that the EU does not want to use the backstop either.

However, Mr Cox’s legal advice is far more stark, warning that Britain could be trapped in the customs union “indefinitely”.

The DUP will join forces with Labour by signing a joint letter with them, the Liberal Democrats and the Scottish National Party asking for an urgent debate over the Government’s refusal to publish the advice.

Mr Bercow could refer the matter for a Commons vote. If that is carried, the Committee of Privileges will assess whether ministers are in contempt.

Should it find against them, they could be suspended or even expelled. Government sources said that such

‘Advice from the law officer is covered by legal professional privilege and is subject to a longstanding convention that prevents disclosure’

action is likely to take months. Michael Gove, the Environment Secretary, yesterday used the argument as he defended the Prime Minister’s Brexit deal on The Andrew Marr Show on BBC One.

He said: “The critical thing about the backstop is, however uncomfortable it is for the UK, it is more uncomfortable for the European Union,” he said.

“We will have tariff-free access to their markets without paying a penny. And, more than that, we will have con- trol of our borders.

“While it does contain elements that for a Unionist or for a Brexiteer aren’t perfect, it also contains elements that for any European politician would allow them to see Britain having a competitive advantage over their own country and their own economy.

“This fundamentally works against the interests of the single market and against the interests of European nations.”