Warning from DUP as ministers forced to reveal legal advice
The government has been forced to lay out its legal position on the proposed withdrawal agreement when Brexit negotiations have concluded. Facing a defeat in the Commons, ministers allowed a parliamentary motion to pass unopposed, demanding the publication of legal advice on Brexit and the mechanism to exit a “backstop” on the Irish border.
The Labour motion called for the publication of any legal advice in full - including that provided by the Attorney General - on the proposed withdrawal agreement on the terms of the UK’S departure from the EU.
Commons Speaker John Bercow said the motion
was “effective” and “not just an expression of the opinion of the House”, adding that he expected the government’s response would be “swift”.
Cabinet Office Minister David Lidington said the government would make available its position statement to all MPS ahead of the meaningful vote on any deal. He also confirmed that the Attorney General would take questions from MPS in the Commons on the statement.
Shadow Brexit secretary Sir Keir Starmer denied Labour was calling for draft advice, and told MPS: “It’s the final advice, it’s available to every MP and it’s available at the point that the final proposed withdrawal agreement that’s been agreed with the EU is put to this House””
Mr Lidington said: “I want to give a commitment to the opposition and the House: we will make available to all members of the House, following the conclusion of negotiations and ahead of the meaningful vote, a full, reasoned position statement laying out the government’s both political and also legal position on the proposed withdrawal agreement, and that includes any protocols that might be attached to it.”
In a warning to the government, the DUP backed Labour’s bid to seek legal advice, guaranteeing a government defeat.
DUP sources were quoted saying that ministers should consider parliamentary arithmetic ahead of a final vote on the Brexit withdrawal agreement, including the future of the Irish border.
Conservative former attorney general Dominic Grieve said publishing the legal advice would be a mistake, despite thinking the government appeared to be setting a “quite disgraceful timetable” to “bulldoze” MPS into supporting the deal without enough information. Tory Remainer Anna Soubry expressed her “concern” that she had been told to abstain in the vote, asking: “Who is running this country? This government or [Brexiteer group] the ERG?”
DUP Brexit spokesman Sammy Wilson said the public should know the “full implications”, saying: “It should be spelt out to the public, the people of Northern Ireland and the people of the UK should know, is the government binding you to an arrangement which will be impossible to get out of collectively or just for the people of Northern Ireland?”
SNP Europe spokesman Peter Grant drew a comparison with the Iraq war to make the case for publishing legal advice on Brexit, adding innocent people could die in a reference to warnings over shortages of medicine.