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воскресенье, 2 декабря 2018 г.

«Breaking News» PM battles to keep 'bleak' legal advice on her Brexit deal secret

Theresa May is facing a potentially catastrophic Brexit clash as Tory rebels unite with the DUP and Labour to demand full legal advice on her deal is released.


The Prime Minister is fighting to limit the information disclosed about the opinion of Attorney General Geoffrey Cox on the package she has thrashed out with Brussels.


The eminent QC and strident Brexiteer was a key figure in forcing the deal through the Cabinet - but there are claims his formal advice was far bleaker and he warned the UK would be stuck 'indefinitely' in the Irish border backstop.


Mr Cox is due to make a statement to the Commons tomorrow setting out his position on the agreement with the EU. 


But ministers have insisted they will only release a summary of his written advice as the full material would break convention and undermine the operation of government. 




The PM (pictured at the G20 summit in Argentina last night) is fighting to limit the information disclosed about the government's legal advice on the package she agreed with Brussels


The PM (pictured at the G20 summit in Argentina last night) is fighting to limit the information disclosed about the government's legal advice on the package she agreed with Brussels



The PM (pictured at the G20 summit in Argentina last night) is fighting to limit the information disclosed about the government's legal advice on the package she agreed with Brussels






Labour's Keir Starmer


Labour's Keir Starmer






Attorney General Geoffrey Cox


Attorney General Geoffrey Cox



Labour's Keir Starmer (left) has been demanding the release of the full legal advice from Attorney General Geoffrey Cox (right) on the Brexit deal



The DUP is 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.


It represents another massive hurdle for Mrs May to overcome as stares down the barrel of almost certain defeat in a crunch vote in the deal 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.   


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 - who is due to make a statement to the Commons on Monday - had 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.



How does the Commons contempt process work? 



Under Commons rules, the Speaker decides whether to allow a contempt motion to go before the House.


If he does 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. 




'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, writing in The Sunday Telegraph, 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.'




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 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 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'



Labour sources said that Sir Keir was 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/2018/12/02/pm-battles-to-keep-bleak-legal-advice-on-her-brexit-deal-secret/
Main photo article Theresa May is facing a potentially catastrophic Brexit clash as Tory rebels unite with the DUP and Labour to demand full legal advice on her deal is released.
The Prime Minister is fighting to limit the information disclosed about the opinion of Attorney General Geoffrey Cox on the package she...


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Dianne Reeves Online news HienaLouca





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