Tory rebels join Labour bid to force Theresa May to publish Brexit legal advice

Liz Bates

At least 40 Tory MPs are set to vote against Theresa May today in a bid to force her to publish crucial legal advice on Brexit.



The European Research Group of Brexiteer MPs will join Labour’s effort to bounce the Government into handing the documents over to MPs.

The advice has been drawn up by attorney general Geoffrey Cox and sets out the legal case for the UK's plans to avoid a hard Irish border after Brexit.

The Prime Minister has proposed a temporary customs union between the UK and the EU as a way of maintaining an open border in Ireland while a free trade deal is negotiated.

However, Brussels has insisted that the British government cannot unilaterally withdraw from the "backstop" arrangement, leading to deadlock in the negotiations.

Last week Cabinet members demanded to see the full legal text, and yesterday Labour announced it would use an ancient parliamentary device, known as a "humble address", in an attempt to force its wider publication.

Last night the ERG, led by prominent Eurosceptic Jacob Rees–Mogg, tabled its own amendment on the issue, although it is not known whether it will be called to be voted on by Commons Speaker John Bercow.

ERG deputy chair Mark Francois told The Sun: “We all appreciate the convention that the Attorney General’s advice is not usually published.

“However, this is potentially so important that it could effect the destiny of this country.

“So to make an informed decision, it’s critical Parliament sees the same legal advice as the Cabinet.”

Labour and the DUP are expected to back the move.

Shadow Brexit Secretary Keir Starmer said yesterday: "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."