Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

As it happenedended1544036701

Brexit news: Government finally publishes full legal advice as Theresa May accused of 'inadvertently misleading' parliament

Follow all the latest updates, as they happened

Ashley Cowburn
Political Correspondent
,Lizzy Buchan
Wednesday 05 December 2018 14:10 EST
Comments
Theresa May accused of 'inadvertently misleading' parliament in PMQs clash

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Theresa May has been accused of "inadvertently misleading" parliament over Brexit in an angry prime minister's questions clash, as the government was forced to publish the full legal advice on her deal.

Her administration became the first in modern political history to be found in contempt of parliament over its refusal to hand over the advice on a bruising day in the Commons, where Ms May suffered three significant defeats.

SNP Westminster leader Ian Blackford said the advice had to "dragged out" of ministers and claimed Ms May had been misleading MPs, before he was rebuked by the Speaker.

Meanwhile, home secretary Sajid Javid acknowledged the deal is not "perfect in every sense" as he opened the second day of debates, which will culminate in a Commons showdown next week.

To follow events as they happened, see our live coverage below

1544015904

MPs have now moved onto the second day of debate on the Brexit deal, ahead of Tuesday's crunch vote.

Opening for the government, Sajid Javid, the home secretary, jokes that this is best way he can imagine to celebrate his 49th birthday.

He says Ms May's deal is the best way to ensure a smooth exit from the EU and take back control of money, laws and borders. Today's debate will focus on security, hence Mr Javid kicking off proceedings.

Lizzy Buchan5 December 2018 13:18
1544016449

DUP Westminster leader Nigel Dodds intervenes to press Javid on the full legal advice. He says it makes it clear that the NI backstop is "indefinite" and Northern Ireland will remain under EU rules.

"How can he possibly stand here and recommend this deal and say that it brings to an end the jurisdiction of the ECJ and say it takes back control?" Dodds says.

He then tweeted this clip - clearly not amused.

Javid says "no one pretends this deal is perfect" in every way - the PM herself admits that. But this is the best way to protect the Good Friday Agreement.

Tory ex-chancellor Ken Clarke also offers him a boost, saying this is clearly the best way forward and it is pointless to protest until a better idea comes along.

Lizzy Buchan5 December 2018 13:27
1544016950

ConservativeHome has compiled a fascinating chart of monthly cabinet approval ratings over the whole of 2018.

Executive Editor Mark Wallace says: "And...ouch. Spot Chequers, and then May's EU deal."

Lizzy Buchan5 December 2018 13:35
1544017230

Chancellor Philip Hammond has told MPs he will deliver his spring statement on a date between February 26 and the end of March.

The spring statement is the Chancellor's second most important annual parliamentary event, after the Budget. Its significance has been downgraded by Mr Hammond since he moved the Budget date to the autumn.

Mr Hammond told the Commons Treasury Select Committee he had given the Office for Budget Responsibility the required 10 weeks' notice to prepare, adding: "The spring statement will be some time between the end of the February recess and the end of March."

As the statement is normally delivered on a Wednesday, it is likely to come on February 27 or March 6, 13, 20 or 27, in the run-up to the March 29 date of Brexit.

Lizzy Buchan5 December 2018 13:40
1544017656

Labour MP Chris Bryant asks Javid how "any serious member of parliament could vote for a deal that is nothing more than a wishlist?"

Sajid Javid says Labour's six tests over whether they would back a Brexit deal are the wishlist - not the PM's deal.

Lizzy Buchan5 December 2018 13:47
1544017748

This from my colleague Benjamin Kentish, who has been poring through the Brexit legal advice the government has just been forced to publish:

The legal advice published by the government today does not tell us much we didn't already know, but it spells out in black and white exactly why so many Brexiteers will vote against Theresa May's deal next week.

The advice, provided by attorney general Geoffrey Cox to the Cabinet and published after Parliament demanded its release, focuses on the Northern Ireland backstop - by far the most contentious part of the agreement.

In a passage that will be seized upon by Brexiteers, Cox said that, despite both the UK government and the EU insisting the backstop is designed to be temporary, it could "endure indefinitely" until an alternative is agreed.

This is because the UK does not have the right to withdraw from the mechanism unilaterally.

The withdrawal agreement, Cox said, "does not provide for a mechanism that is likely to enable the UK lawfully to exit the UK wide customs union without a subsequent agreement".

What's more, the attorney general suggested the EU could try to ditch the UK-wide customs union element of the backstop and keep only Northern Ireland under EU tariffs and regulations.

That is anathema to the DUP, which is opposing the proposed deal on the grounds that it could see Northern Ireland treated differently to the rest of the UK. If talks over a future agreement break down, Cox said, the EU could submit a request "that the GB elements of the customs union should fall away, leaving only NI in the EU customs territory". However, this would almost certainly be vetoed by the UK and would have to go to arbitration.

It's not hard to see why ministers tried so hard to stop the legal advice being published. It confirms many MPs worst fears about Ms May's deal and makes it even more likely the draft agreement will be voted down by the Commons next Tuesday.

Ashley Cowburn5 December 2018 13:49
1544018685
Ashley Cowburn5 December 2018 14:04
1544019642

Responding to Sajid Javid in the chamber just now, shadow home secretary, Diane Abbott, says there is "nothing" in the Brexit legal advice that compromises the "national interest" - as claimed by the government on Tuesday. 

Ms Abbott said: "On the question of security, assertions, aspirations, a wish list is not enough, we need a treaty."

She added: "The Prime Minister's red lines, one of which was the ECJ (European Court of Justice), may well prove to have been reckless."

She went on: "At the worst, the gaps and loopholes created under this exit agreement could create a situation in which organised criminals and terrorists in the EU might come to regard the UK as a relative safe haven from justice."

Ongoing cooperation in cases and investigations "may ultimately be compromised", she said, adding: "On the basis of security concerns alone no member of this House should be signing off this deal."

Ashley Cowburn5 December 2018 14:20
1544020778

Sam Gyimah - the former universities minister who resigned on Friday - is now speaking in the Brexit debates. 

"It became quite clear to me that this deal is not politically or practically deliverable -- it is a deal in a name only, what we have is a framework for negotiations, and aspirations. 

"This deal is fatally flawed," he says. "I believe that in voting for this deal we will be losing control of our destiny.

"We are setting ourselves for failure by going down this route. 

"We are at the foothills of a long and arduous process. Brexit will not be over a result of the vote next week.

He says that we shouldn't rule out a fresh public vote on Brexit.

Gyimah says he resigned because he knew it would be the biggest vote of his political career & the "national interest is not served" by the deal.

Ashley Cowburn5 December 2018 14:39
1544024127
Ashley Cowburn5 December 2018 15:35

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in