Labour will tomorrow [‪Tuesday 13 November] force a binding
vote in the House of Commons demanding that the Government’s
legal advice on the withdrawal agreement - including the Irish
backstop - is published once any Brexit deal is ready to be put
to Parliament.
The motion will use the same ancient, but effective,
Parliamentary procedure that Labour used last year to
successfully force the Government to release the Brexit impact
assessments.
This procedure gives the House of Commons the power to require
Ministers to release Government papers to Parliament. Unlike
typical opposition day debates, the motion, if passed, will be
binding on the Government.
The intervention comes as the Cabinet remains in deadlock over
the terms of the UK’s withdrawal from the European Union,
particularly over the Northern Ireland backstop proposal.
Labour will demand that MPs are able to scrutinise the Attorney
General’s legal advice on the withdrawal agreement, including any
Irish backstop proposal, so they can understand precisely what
has been agreed and what its implications are for the future.
The DUP and some Tory MPs have also called for the legal advice
to be published.
MP, Labour’s Shadow Brexit
Secretary, said:
“It’s simply untenable for the Government to put forward any
Brexit deal to Parliament without providing the legal advice on
what’s been agreed.
“At this critical stage, MPs can’t be kept in the dark nor can we
risk Parliament being bounced into a decision without having all
of the facts available.
“Ministers should accept this motion and allow MPs to have an
informed debate about the UK’s future relationship with the EU
after Brexit.”
Ends
Notes to editors
-
· Labour’s
Opposition Day Debate will take place on Tuesday 13 November 2018
- · The
text of Labour's motion reads:
“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 Parliament: any legal advice in full
including that provided by the Attorney General on the proposed
withdrawal agreement on the terms of the UK’s departure from the
European Union including the Northern Irish backstop and
framework for a future relationship between the UK and the
European Union.”
-
· Erskine
May, the definitive rule book to 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).”
