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Opposition parties trigger contempt proceedings against Government over Brexit legal papers

Liz Bates

3 min read

Opposition parties have launched a bid to have the Government declared in contempt of Parliament over its refusal to publish its Brexit legal advice in full.


In an unprecedented move, Labour, the SNP, Lib Dems, Greens, Plaid Cymru and the DUP - who Theresa May relies on to prop up her government - wrote to Commons Speaker John Bercow calling on him to refer the matter to the Committee of Privileges.

A Commons vote on the matter could happen as soon as tomorrow - potentially delaying five days of debate ahead of next week's vote on Theresa May's Brexit deal.

Ministers have been under pressure to release crucial legal documents after Parliament passed a motion last month demanding their publication in full.

But today, attorney general Geoffrey Cox instead produced a 52-page "reasoned position statement” setting out his legal assessment of Theresa May’s Brexit deal.

Mr Cox later defended the move in the Commons, insisting there was "nothing to see here" that had not already been released.

But shadow solicitor general Nick Thomas-Symonds accused him of withholding the full release “for fear of the political consequences”.

Shadow Brexit Secretary Keir Starmer - who coordinated the letter - said: “The Government has failed to publish the attorney general’s full and final legal advice to the cabinet, as ordered by Parliament.

“We have therefore been left with no option but to write to the Speaker of the House of Commons to ask him to launch proceedings of contempt."

As well as Mr Starmer, the letter's other signatories are Stephen Gethins of the SNP, Tom Brake of the Lib Dems, Caroline Lucas of the Greens, Hywel Williams of Plaid Cymru and Nigel Dodds of the DUP.

In the letter, the MPs say: "Neither a “reasoned position statement” nor a document “setting out the Government’s legal position” constitute the final and full advice provided by the attorney general to the Cabinet. It does not comply with a motion of the House that you have ruled to be effective. It was the concession offered by the Government during the debate, but it was rejected – and ministers made no attempt to amend or oppose the motion for debate.

"It is apparent to us – and we believe the overwhelming majority of the House – that the information released today does not constitute the final and full advice provided by the attorney general to the Cabinet. It does not comply with a motion of the House that you have ruled to be effective.

"We would now ask that you consider giving the House of Commons the opportunity to debate and consider this matter of contempt at the earliest opportunity."

Commenting on the row last week, Mr Bercow said: "I will decide - and I will not linger - whether there is an arguable case that a contempt has been committed and therefore whether an appropriate motion should be put urgently to the House."

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Read the most recent article written by Liz Bates - Jeremy Corbyn admits he would rather see a Brexit deal than a second referendum

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