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The Independent UK
The Independent UK
Politics
Ashley Cowburn, Lizzy Buchan

Brexit news: Government finally publishes full legal advice as Theresa May accused of 'inadvertently misleading' parliament

Theresa May has been accused of "inadvertently misleading" parliament over Brexit in an angry prime minister's questions clash, as the government was forced to publish the full legal advice on her deal.

Her administration became the first in modern political history to be found in contempt of parliament over its refusal to hand over the advice on a bruising day in the Commons, where Ms May suffered three significant defeats.

SNP Westminster leader Ian Blackford said the advice had to "dragged out" of ministers and claimed Ms May had been misleading MPs, before he was rebuked by the Speaker.

Meanwhile, home secretary Sajid Javid acknowledged the deal is not "perfect in every sense" as he opened the second day of debates, which will culminate in a Commons showdown next week.

To follow events as they happened, see our live coverage below

Final Say: New Brexit referendum closer after significant developments in London and Brussels

The push for a final say referendum has taken decisive steps forward in London and Brussels just a week before parliament is expected to reject Theresa May’s Brexit plan.

On Tuesday MPs made the significant move of backing a plan to give the Commons more power to dictate what happens if the prime minister’s approach is ditched.

A few hours earlier in Brussels the European Court of Justice also signalled it was set to rule that the UK could unilaterally revoke Article 50 – killing off Brexit – if it wanted to.

Nigel Farage quits Ukip

Nigel Farage has quit Ukip over its appointment of far right figurehead Tommy Robinson as an adviser. 

The former party leader announced the decision simultaneously on his LBC radio show and in a column for The Daily Telegraph.

"With a heavy heart, and after all my years of devotion to the party, I am leaving Ukip today," he wrote in the newspaper.

MPs vote to give Parliament power to take control of Brexit if Commons votes down Theresa May's deal

Theresa May has been dealt a major blow after MPs voted to allow Parliament to seize control of Brexit if the House of Commons votes down the prime minister's deal.

MPs backed a motion tabled by Dominic Grieve, the former attorney general, to allow the Commons to amend the government's plan for how to proceed if, as expected, Ms May's proposed agreement is voted down on 11 December.

Mr Grieve's amendment passed by 321 votes to 299 after a number of Tory MPs voted against the government. 

The move means a no-deal Brexit is now highly unlikely, given a clear majority of MPs are opposed to such an outcome. Even if the government decides to pursue no-deal, MPs would now have the power to oppose it. While such a vote would not be legally binding, it would be almost impossible for ministers to ignore.

Commons Leader Andrea Leadsom has told BBC Radio 4's Today programme the legal advice provided to cabinet will be published at around 11.30am today.

Referring to parliament's decision to find the government in contempt, she said:"It was incredibly disappointing that the House of Commons decided to vote in effect to overturn what has been decades, if not centuries, of conventions whereby the law officer's advice to Cabinet and to ministers are not even acknowledged, let alone published.

"The Attorney General had come to the House for two-and-a-half hours, which is also unprecedented in these many years, to answer questions to give his very best legal advice.

"He published a 48-page document that outlined all of the legal impact of the Withdrawal Agreement, so the vote yesterday of the House to require the specific legal advice to Cabinet we will comply with, but not without some regret."


 

Shami Chakrabarti - the shadow attorney general - has said that extending Article "can't be ruled out".

She was asked about Labour's stance on the issue after the ECJ's advocate general Manuel Campos Sanchez-Bordona said the UK could withdraw its notification to leave the EU before its exit in March 2019 without needing the approval of the other 27 states.

Ms Chakrabarti told BBC Radio 4's Today programme: "It can't be ruled out because the clock is ticking...

"I think there would be time if Ms May heard what happened in the House of Commons last night and decided to think again and go back to her European colleagues right now and not wait until next week."

After suffering the worst defeats in one day for a government in four decades, Andrea Leadsom tells LBC: "I don't think they were embarrassing at all". 
 
She adds: "I think colleagues may live to regret their vote last night if they are ever in Government.
 
"A number will understand the Government has to have access to frank, legal advice and now that has been put into doubt."
 
 

Andrea Leadsom refuses to say if Theresa May will still be prime minister next week

Commons leader Andrea Leadsom has refused to say that Theresa May will still be prime minister next week, saying: “I don’t do predictions.”

Asked if Ms May would still be the right person to lead the country if her Brexitdeal is thrown out by MPs, Ms Leadsom replied: “She certainly is – at the moment.”

The admission of the prime minister’s frailty came as the Commons leader revealed the Brexit legal advice would be published at 11.30am today, after the government was found to be in contempt of parliament.

Mark Harper - a former chief whip in the Conservative, who voted Remain at the referendum - has said the PM's deal will leave the UK worse off. He predicted the government would lost the vote in six days' time by more than 80 votes.
 
Writing in the Daily Telegraph, Mr Harper said: "The Cabinet's proposals are not acceptable because they threaten the integrity of our country, keep us trapped indefinitely in a customs union and leave us in a weak negotiating position for our future relationship."

Mr Harper sharply criticised plans for an Irish border 'backstop' arrangement.

He said: "The prime minister said that the EU's proposal would undermine the UK common market and threaten the constitutional integrity of the UK by creating a customs and regulatory border down the Irish Sea, and no UK prime minister could ever agree to it.

"However, regrettably, the withdrawal agreement that is currently in front of us does exactly this.

"I'm just very disappointed that as a loyal MP I've found myself in this situation, that in order to keep to the promises we made just last year in the general election, I've been forced to vote against the cabinet's proposals.

"Keeping promises in politics is important and I think many colleagues also feel they have been misled."

 
Conservative former Brexit secretary Dominic Raab said it would be "inconceivable" to stop the UK leaving the EU, saying it would be wrong to "pull a handbrake up on Brexit".

He told BBC Radio 4's Today programme the PM's deal is "lousy", and said: "I think the Grieve amendment was predictable but what we need to understand is that resolutions of Parliament pass as politically have some impact, but they are not legally binding.

"And therefore if the deal is voted down on Tuesday I think what will matter most of all will not be what Parliament says in a motion - it will need legislation to stop Brexit - what will matter is the will and resolve in Number 10 Downing Street."

BBC cancels plan for Brexit debate with Theresa May and Jeremy Corbyn

The BBC has scrapped its plans to hold a potential Brexit debate between Theresa May and Jeremy Corbyn after failing to find a proposal suiting both party leaders.

In a statement, the organisation said they were "disappointed" an agreement could not be reached for a televised debate before the crucial vote on the prime minister's deal in seven days' time. 

The decision came after Labour made clear on Tuesday that Mr Corbyn would take part in a debate on the BBC with Ms May, but objected to the "mish-mash" proposal and instead demanded a "straightforward head-to-head".

How newspaper front pages reacted to Theresa May's humiliating Brexit defeats

Theresa May's Brexit struggles ​dominate the newspapers front pages this morning after she suffered three humiliating defeats in the House of Commons yesterday.

The tumultuous day is at the top of the news agenda as the prime minister’s authority took a pounding ahead of the crucial vote on her Brexit deal on 11 December.

MPs found Ms May's government in contempt of Parliament over ministers' refusal to publish the legal advice on Brexit, while another vote saw the government forced to allow MPs to have a say in what happens if the Brexit deal is rejected.

Here is how the national newspapers reacted to the news

My colleague Rob Merrick has been watching Liam Fox, the international trade secretary, appearing in front of a Commons committee. Here are some highlights: 

The 24 hours that changed Brexit: What just happened?

The last 24 hours will have huge implications for Brexit, with major news from the House of Commons and the European Court of Justice that will shape what happens to Britain in the coming months. Europe Correspondent Jon Stone runs through the latest events.

Chris Skidmore - who advocated Remain at the EU referendum - has been appointed universities minister - after his predecessor Sam Gyimah quit the government on Friday in protest at Theresa May's plans for Brexit. 

In an attempt to shore up support for the PM's deal, Downing Street has been promoting the agreement on social media - to the tune of £50,000 - according to the Press Association. 

Liberal Democrat MP Layla Moran, who obtained the figures with a parliamentary question, has said taxpayers' money has been thrown "down the drain". 

No details were given of how the money was spent, but a series of clips promoting the deal have been released on the @theresa-may and @10DowningStreet Twitter feeds and the Prime Minister's Facebook page with the hashtag £BackTheBrexitDeal.

This was between 20 August and 20 November - five days before the EU agreed to the deal, meaning the final figures are likely to be much higher.

Releasing the figures in a written reply, Cabinet Office Minister Chloe Smith stressed that the £52,509 spend amounted to less than 0.02% of the total Government communications budget of £300 million a year.

Ms Moran, a supporter of the Best For Britain campaign for a second EU referendum, said: "It beggars belief that the Prime Minister is spending over £50,000 of taxpayers' money promoting a deal that literally no-one wants.

'Entirely possible' for MPs to stop Brexit, trade secretary Liam Fox says

Liam Fox says it will be “entirely possible” for MPs to halt Brexit, as he urged Conservative MPs to rally behind Theresa May’s deal.
 
The Commons could ambush and amend several bills that the government needs to pass “to make our exit from European Union effective”, the trade secretary told MPs.
 
Dr Fox pointed to the trade bill – currently stalled in parliament – which was needed to allow the UK to take its separate place at the World Trade Organisation (WTO), after Brexit.
Labour's shadow Brexit secretary Sir Keir Starmer appears to have had a first glance of the legal advice, which hasn't yet been published online. He has just posted this:
The government's legal advice that was presented to cabinet when the Brexit deal was reached at an official level has just been released to some MPs.
 
This comes after Theresa May's administration was yesterday found in contempt of Parliament - an unprecedented move - for failing to publish the legal advice when the chamber demanded ministers did so two weeks' ago.
 
Helpfully, Labour's Brexit team has started tweeting it out
Prime Minister's Questions has now started - just minutes after the government's legal advice was published. Jeremy Corbyn kicks off the session with the word "Brexit", but says we must not ignore rising poverty in Britain, citing a recent UN report on the issue. 
 
The PM says "we do not agree with this report". 
Corbyn says universal credit is turning into "universal discredit" and demands for the rollout to be halted. But May says the government has "made changes as we have gone through those changes". 
 
"We've listened and made changes - a system that delivers for people," she says.


The Independent has launched its #FinalSay campaign to demand that voters are given a voice on the final Brexit deal.

Sign our petition here

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