Brexit: Theresa May government in contempt over legal advice

Theresa May’s government found to be in contempt of parliament for its failure to publish potentially damaging legal advice.

In extraordinary and historic scenes in Westminster, Theresa May’s government has been found to be in contempt of parliament amid three humiliating defeats in the Commons and is being forced to publish potentially damaging full legal advice given to the government about Brexit.

It is the first time in history the UK government has been found in contempt of parliament, in what Labour has described as a day of shame for the Conservative party.

One of the most significant defeats - by 22 votes - has resulted in changes to the Brexit process, giving parliament the ability to table amendments if Mrs May is unable to push her Brexit Withdrawal Bill through parliament in a vote next Tuesday.

The Tory MP and former Attorney-General Dominic Grieve tabled the motion, saying there had to be a procedure to resolve the differences of the House if the government is not successful in Tuesday’s vote. The success of his rebellion means that Brexiteers may be more inclined to support Mrs May’s Brexit bill because if she loses Tuesday’s vote, the odds of there being no Brexit at all will escalate.

Under the terms of the EU Withdrawal Act, the government has 21 days to come back to parliament with other plans, and politicians will now be able to table alternative approaches including remaining in the EU customs arrangement, or pushing for a people’s vote.

In an indication of the volatility of Mrs May’s government, and how next Tuesday’s Brexit Withdrawal Bill may be heading, the Tory government was found to be in contempt of parliament after the Northern Ireland DUP party withdrew support and several Brexiteers crossed the floor while others abstained.

Theresa May speaks at the beginning of a debate on the Brexit deal. Picture: AFP.

The embarrassingly thumping defeat of 311 to 293 was an 18 vote majority, giving Mrs May a huge headache before she starts the five days of debate to try and push the Brexit Withdrawal Bill through parliament.

After the government humiliated into providing the legal advice, Labour Brexit spokesman Keir Starmer said: ’’This is of a huge constitutional and political significance, it is unprecedented to find ministers in contempt, the government must now publish full legal advice in full.’’

Speaker John Bercow said it would be “unimaginable’’ for the legal advice not to be published before next Tuesday’s Brexit vote, and Andrea Leadsom, the Conservatives’ leader of the house announced it would be tabled on Thursday.

Earlier this week the Attorney-General Geoffrey Cox published a precis of his advice, but politicians believe his full advice to the Cabinet included dire legal consequences if the Irish backstop was implemented and the UK is bound to the European Union until the EU agrees it will not longer be required.

DUP leader Nigel Dodds confirmed his 10 MPs voted with the opposition. He said the government had to understand there are ”consequences because Mrs May “is going down the road of not delivering Brexit nor keeping the UK together under this deal’’ and that the Conservative-DUP agreement on supply and confidence was being broken by the Tories, not his party.

”We have adhered to our agreement, if the government doesn’t bend there will be consequences,’’ he said.

In her initial statement to the House that opened the Brexit debate, Mrs May said: “This argument has gone on long enough, it is corrosive to our politics and life depends on compromise.’’

Later she insisted: “No backstop means no deal’’.