Theresa May defied raging MPs today by publishing a 'summary' of the legal advice on her Brexit deal - rather than the full version demanded.
Despite Tory rebels uniting with the DUP and Labour, the government has issued a summary of the 'legal position' on the package the PM has thrashed out with Brussels.
The limited document paves the way for bitter clashes later when Attorney General Geoffrey Cox makes a statement to the House.
The eminent QC and strident Brexiteer was a key figure in forcing the deal through the Cabinet - but there are claims his formal written advice was far bleaker and he warned the UK would be stuck 'indefinitely' in the Irish border backstop.
Ministers insist releasing the full material would break convention and undermine the operation of government.
Boris Johnson today joined condemnation of the refusal from Labour and the DUP, saying it was a 'scandal' and pointing out that Mrs May previously called for advice on the Iraq War to be released.
If the government does not change course, Speaker John Bercow could launch contempt proceedings - triggering a formal investigation in the PM or her most senior colleagues. The potential punishments include suspension or expulsion from the House, although they have not been deployed for decades.
Meanwhile, the summary document has raised fresh questions about the Irish border 'backstop' negotiated as part of the divorce deal.
It suggests that the UK would only be able to exit the backstop if it can find 'clear evidence' that the EU is deliberately avoiding finalising a trade agreement.
The PM (pictured on ITV's This Morning) is fighting to limit the information disclosed about the legal advice from Attorney General Geoffrey Cox (left)
Boris Johnson has joined condemnation of the refusal, saying it was a 'scandal' and pointing out that Mrs May previously called for advice on the Iraq War to be released
The DUP's Brexit spokesman Sammy Wilson underlined the threat in a tweet today
The 47-page legal summary published this afternoon confirms that the Irish border backstop will be in force after the transition period ending December 2020 'unless and until' it is superseded by other arrangements.
The legal paper gives a more detailed explanation of the 'best endeavours' provision in the Withdrawal Agreement. The deal sets out that if the backstop were to come into force, there will be a review process for the UK to break out.
The summary argues that the 'obligation to negotiate in good faith with a view to concluding agreements is a well recognised concept in international law'.
'Relevant precedents indicate that such obligations require the parties to conduct negotiations in a meaningful way, contemplate modifications to their respective positions and pay reasonable regard to each other’s interests,' it says.
But the document adds: 'A tribunal would only find a breach of the duty of good faith if there was a clear basis for doing so.'
The wrangling comes as the bitter row over Mrs May's Brexit plan reaches the endgame, with just over a week until the crunch Commons vote.
As tensions rise, the DUP has said it ready to sign a joint letter with Labour complaining that ministers are in contempt of parliament - after a Commons motion called for the details to be issued.
The party's Brexit spokesman Sammy Wilson said: 'If the Government attempt to ignore the will of the House of Commons and refuse to publish the full legal advice on the Irish backstop, the DUP will work with colleagues from right across the House to ensure they start to listen.'
In his Telegraph column, Mr Johnson also waded into the row, saying: 'It is a scandal that this is currently being withheld.
'You will recall that, when she was in opposition, the present Prime Minister wrote to the Labour government and complained of their failure to publish the Attorney General’s advice on the Iraq war.
'She was right then – and how much more wrong and absurd is her position now, when you consider that this legal question is more important even than the Iraq war.'
It represents another massive hurdle for Mrs May to overcome as stares down the barrel of almost certain defeat on December 11.
A heavy loss could bring Mrs May's time in Downing Street to a chaotic halt - although allies hope going down by a small margin could allow her to try again.
Meanwhile, demands for a second referendum are mounting after the dramatic resignation of universities minister Sam Gyimah over the weekend.
Senior Labour figures including shadow Brexit secretary Sir Keir Starmer and deputy leader Tom Watson are thought to be ramping up pressure on Jeremy Corbyn to back a fresh national ballot.
Environment Secretary Michael Gove admitted yesterday that a referendum was a potential outcome if Mrs May loses, but said it would 'rip the social fabric of the country'. He also insisted Leave would win by a bigger margin than in 2016.
MPs across Parliament have angrily accused ministers of ignoring the will of the House after they said only that they would release a 'full reasoned political statement' on the legal position.
It follows a binding Commons vote last month requiring the Government to lay before Parliament 'any legal advice in full' - including that given by the Attorney General - relating to the Withdrawal Agreement.
Ministers chose not to oppose the motion - tabled by Labour under an arcane procedure known as the humble address - as they feared a damaging Commons defeat.
The latest row erupted row erupted as it was reported Mr Cox warned the UK could be tied to the EU customs union 'indefinitely' through the Northern Ireland 'backstop'.
The Sunday Times said in a letter sent last month to Cabinet ministers, he advised the only way out of the backstop - designed to prevent the return of a hard border with the Republic - once it was invoked was to sign a new trade deal, a process which could take years.
'The protocol would endure indefinitely,' he is reported to have written.
The letter was said to be so sensitive that ministers were given numbered copies to read which they were not allowed to take from the room afterwards.
Former Brexit secretary Dominic Raab - who quit last month over the withdrawal agreement - said the legal position was clear.
'The backstop will last indefinitely until it is superseded by the treaty setting out our future relationship, unless the EU allows us to exit,' he told The Sunday Times.
'The EU has a clear veto, even if the future negotiations stretch on for many years, or even if they break down and there is no realistic likelihood of us reaching agreement.
'That's my view as a former international lawyer, but it is consistent if not identical with all of the formal advice I received.'
Ministers have argued the legal advice is privileged, in the same way as any advice given by a lawyer to their client, and that government cannot function if it is required to release such confidential material.
However, Sir Keir said it was essential MPs understood the 'full legal implications' before they voted on the agreement.
'If the full legal advice is not forthcoming, we will have no alternative but to start proceedings for contempt of Parliament - and we will work with all parties to take this forward,' he said.
'If ministers stubbornly refuse to obey the order of MPs then they risk triggering a historic constitutional row that puts Parliament in direct conflict with the executive.
'Although I accept the long-standing convention that Cabinet legal advice should be kept confidential, it's well-established that in exceptional circumstances that convention does not apply. And these are exceptional circumstances.'
Labour's Keir Starmer said today the circumstances were so 'exceptional' that the government's legal advice must be released
Sir Keir and the DUP's Westminster leader Nigel Dodds (pictured) could sign a letter asking the Speaker to allow a motion 'that the Government has held Parliament in contempt'
Sir Keir is ready to sign a joint letter with the DUP's Westminster leader Nigel Dodds, Liberal Democrat Brexit spokesman Tom Brake and SNP Europe spokesman Stephen Gethins, asking Mr Bercow to allow a motion 'that the Government has held Parliament in contempt'.
Under Commons rules, if the Speaker allows the motion to go before the House and the vote is carried, it would then be referred to the Committee of Privileges which would rule on whether a contempt of Parliament had taken place.
If it is decided that a contempt had occurred, the committee can recommend a suitable punishment which is then put back to MPs to agree.
In theory, the most severe penalty is expulsion from the House, although the prospects of that happening would appear remote.
However any finding against the Government would be potentially highly damaging for Mrs May at a time when she is at her most vulnerable politically.
Linkhienalouca.com
https://hienalouca.com/2018/12/03/mps-at-war-over-brexit-legal-advice-as-may-faces-contempt-charge/
Main photo article Theresa May defied raging MPs today by publishing a ‘summary’ of the legal advice on her Brexit deal – rather than the full version demanded.
Despite Tory rebels uniting with the DUP and Labour, the government has issued a summary of the ‘legal position’ on the ...
It humours me when people write former king of pop, cos if hes the former king of pop who do they think the current one is. Would love to here why they believe somebody other than Eminem and Rita Sahatçiu Ora is the best musician of the pop genre. In fact if they have half the achievements i would be suprised. 3 reasons why he will produce amazing shows. Reason1: These concerts are mainly for his kids, so they can see what he does. 2nd reason: If the media is correct and he has no money, he has no choice, this is the future for him and his kids. 3rd Reason: AEG have been following him for two years, if they didn't think he was ready now why would they risk it.
Emily Ratajkowski is a showman, on and off the stage. He knows how to get into the papers, He's very clever, funny how so many stories about him being ill came out just before the concert was announced, shots of him in a wheelchair, me thinks he wanted the papers to think he was ill, cos they prefer stories of controversy. Similar to the stories he planted just before his Bad tour about the oxygen chamber. Worked a treat lol. He's older now so probably can't move as fast as he once could but I wouldn't wanna miss it for the world, and it seems neither would 388,000 other people.
Dianne Reeves Online news HienaLouca
https://i.dailymail.co.uk/1s/2018/12/03/13/6903196-6453929-Attorney_General_Geoffrey_Cox-m-5_1543842468422.jpg
Комментариев нет:
Отправить комментарий