Labour will tomorrow (Wednesday) force a binding vote in the
House of Commons requiring the Government to publish Cabinet
papers on the two customs options being considered by ministers
to help break the deadlock in the Brexit negotiations.
A motion to be debated by MPs will call on the Government to
release to Parliament all papers prepared for the Brexit
sub-committee on the proposed customs partnership and maximum
facilitation model, including any economic analysis. Unlike
typical opposition day debates, the motion will be binding on the
Government.
During the debate, Labour will warn that ’s Government is too weak and
divided to negotiate a new customs relationship with the EU, and
urge ministers to put the decision to Parliament to end the
impasse once and for all. Labour will also accuse ministers of
side-lining Parliament by holding private briefings with only
Tory MPs about their customs plans.
The debate comes in a week when Tory splits over future customs
arrangements have deepened and ’s Brexit sub-committee once
again failed to decide what the Government’s negotiating position
will be.
Speaking ahead of the debate , Labour’s Shadow Brexit
Secretary, said:
“The Government’s Brexit strategy is in complete and utter
deadlock.
“Nearly two years on from the referendum ministers have still yet
to agree what our future customs and trading relationship with
Europe will look like after Brexit. Instead, the Prime Minister
has wasted months pursing her two fatally flawed customs options
and presiding over a Government that is too busy arguing with
itself to negotiate for Britain.
“There is a majority in Parliament, business and the trade union
movement that supports Labour’s call for a comprehensive customs
union with the EU after Brexit.
“If is too weak to take that
decision, then she should give Parliament the information to let
it decide.”
Ends
Notes to editors
- The opposition day debate will take place on Wednesday 17 May
- Labour’s motion, tabled on Tuesday, states:
That an humble Address be presented to Her Majesty, that she will
be graciously pleased to give directions that the following
papers be laid before the House: all papers, presentations and
economic analysis, from 1 January 2018 up to and including 16 May
2018 prepared for the European Union Exit and Trade (Strategy and
Negotiations) Cabinet sub-Committee, and its sub-committees, on
the Government’s preferred post-Brexit customs arrangements
including a ‘Customs Partnership’ and ‘Maximum
Facilitation’.
- Erskine May, the definitive rule book on the rules and
conventions of Parliament and the UK constitution, referring to
the wording of the motion chosen by Labour, says:
“Each House has the power to call for the production of papers by
means of a motion for a return. A return from the Privy Council
or from departments headed by a Secretary of State is called for
by means of an humble Address to the Sovereign; a return from
elsewhere, such as a department not headed by a Secretary of
State, is sought directly by means of an order of the
House.
“The power to call for papers was frequently exercised until
about the middle of the nineteenth century. It is rarely resorted
to in modern circumstances since much of the information
previously sought in this way is now produced in Command Papers
or in Act Papers, or in response to questions. However, the power
has a continuing importance since it is regularly delegated to
select committees, thus enabling them to send for papers and
records (see pp 818–819).
“In the Commons the procedure also survives in the form of
‘Motions for Unopposed Returns’ (see p 352) for particular
documents which the Minister responsible for the government
department concerned wishes to make public (hence they are
‘unopposed’) but in respect of which the protection of statute
afforded by an order of the House for printing or other
publication is sought.51 Certain annual returns are, by custom,
also presented to the House in the form of returns to
orders.52
“The power to send for papers by means of a motion for unopposed
return extends to papers which are in the possession of Ministers
or which Ministers have the authority to obtain. Papers should be
ordered only on subjects which are of public or official
character. In the case of a select committee with power to send
for papers and records there is no restriction on its power to
require the production of papers by private bodies or
individuals, provided that such papers are relevant to the
committee’s work as defined by its order of reference (see pp
805–806, 818–819).”
