Brexit: Theresa May faces demands from Cabinet ministers to see full legal advice before agreeing deal

Up to eight ministers fear being bounced into giving their consent without knowing true implications of Irish border 'backstop' plan

Deputy Political Editor

Wednesday 07 November 2018 12:55 GMT

Some ministers fear a repeat of the “debacle” of the Iraq War, when Tony Blair’s cabinet was denied access to full legal advice (EPA)

Theresa May is facing a fightback from cabinet ministers who are demanding to see full legal advice before agreeing the Brexit deal she hopes to strike within days.

Up to eight ministers fear being bounced into giving their consent without knowing how difficult it will be for the UK to later break free from the EU customs union, The Independent understands.

“It’s basically the Pizza Club plus Sajid Javid,” a source said – referring to an earlier private gathering of seven pro-Brexit ministers, with the home secretary also expressing the same fears.

Michael Gove, the environment secretary, led the call, at cabinet on Tuesday, after the prime minister indicated only a legal summary would be made available.

Mr Javid, Jeremy Hunt, the foreign secretary, Penny Mordaunt, the international development secretary, and Chris Grayling, the transport secretary, then indicated their agreement.

They are determined to avoid a repeat of the “debacle” of the Iraq War, when Tony Blair’s cabinet was denied access to full legal advice and was presented with a short summary only.

After the invasion, it was revealed that the full advice warned a court “might well conclude” it was illegal under international law and trigger legal action against members of the armed forces.

Concerns rose on Tuesday when Geoffrey Cox, the attorney general, gave a defence of the proposed deal that was largely “political opinion” rather than a legal judgement, it is said.

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

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1/14Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Internal divisions in the Conservative Party have exploded into a bitter public row over Boris Johnson‘s “disgusting” criticism of Theresa May. Some senior Tories furiously denounced the former foreign secretary after he accused the prime minister of having ”wrapped a suicide vest” around Britain

Reuters

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Sajid Javid, Home secretary

Sajid Javid, the home secretary, rebuked his former cabinet colleague and said: “I think there are much better ways to articulate your differences.” He told the BBC’s Andrew Marr Show that the public wanted politicians to use “measured language”

BBC/PA

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

But other MPs leapt to Mr Johnson’s defence, as dividing lines ahead of a possible leadership contest begin to take shape. The Uxbridge MP has repeatedly criticised Ms May’s Chequers plan and used a newspaper article on Sunday to suggest it amounted to “wrapping a suicide vest around the British constitution”. His latest salvo at the prime minister prompted immediate condemnation, with one minister publicly vowing to end Mr Johnson’s career over the matter

PA

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Alan Duncan, Foreign minister

Alan Duncan, a foreign minister who worked in Mr Johnson’s team for two years, wrote on Twitter: “For Boris to say the PM’s view is like that of a suicide bomber is too much. This marks one of the most disgusting moments in modern British politics. “I’m sorry, but this is the political end of Boris Johnson. If it isn’t now, I will make sure it is later.”

Getty

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

James Brokenshire, Housing secretary

Housing secretary James Brokenshire added his voice to the criticism, calling Mr Johnson’s comments ”wrong” He said: “I think he is wrong on this...I think the tone that he has used isn’t right and I think that we just need to be very focused on actually moving forward with the Chequers plan.”

AFP/Getty

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Zac Goldsmith

But as Tory hostilities spilled over into open public warfare, Richmond Park MP Zac Goldsmith, an ally of Mr Johnson, hit back at Mr Duncan. He wrote: “There are a number of possible motives behind this tweet, but given its author, we can be certain ‘principles’ aren’t one of them.”

Getty

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Jacob Rees-Mogg

Senior Tory Brexiteer Jacob Rees-Mogg told The Independent he thought Mr Johnson’s “suicide belt” accusation was little more than “a characteristically colourful catchphrase”. He added: “I agree with the sentiment. The criticism of Boris’s wording merely serves to highlight his point. It means more people hear of Boris’s criticism of Chequers and many will agree with him.”

Reuters

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Nadine Dorries

Nadine Dorries, another Brexit supporter, said Mr Johnson’s opponents were “terrified of his popular appeal”, adding: “Don’t underestimate the vitriol that’ll be directed towards Boris today. He delivered the Leave vote, Remainers and wannabe future PMs hate him.” If Mr Johnson became leader and prime minister he would deliver a “clean and prosperous” Brexit, she said

Rex

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Andrew Bridgen

Andrew Bridgen said Ms May was to blame for her leadership problems. Asked if Mr Johnson had put a bomb under her leadership, Mr Bridgen said: “I think that Theresa May did that herself when she put forward the Chequers proposals without consulting widely prior to that.”

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Steve Baker, former Brexit minister

Steve Baker, the former Brexit minister, warned Ms May the Conservatives faced a "catastrophic split" if she did not jettison her Chequers plan. Mr Baker, who quit the government in July over the scheme, said: “When negotiating, the prime minister needs to demonstrate her intent and also her power to deliver. "If we come out of conference with her hoping to get Chequers through on the back of Labour votes, I think the EU negotiators would probably understand that if that were done, the Tory party would suffer the catastrophic split which thus far we have managed to avoid.” But he insisted he did not want a change in the Conservative leadership, saying Brexiteers did “not want to be in a position of conflict with our own prime minister”

Reuters

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Tom Tugendhat

The deep divisions on the Tory benches were laid bare as Tom Tugendhat, who chairs the Commons foreign affairs committee and is a possible leadership rival to Mr Johnson, also hit out at the former foreign secretary. Recalling how he encountered a suicide bomber in Afghanistan during his time in the army, Mr Tugendhat told Mr Johnson to “grow up”. He said: “A suicide bomber murdered many in the courtyard of my office in Helmand. The carnage was disgusting, limbs and flesh hanging from trees and bushes. Brave men who stopped him killing me and others died in horrific pain. “Some need to grow up. Comparing the PM to that isn’t happy.”

PA

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Alistair Burt

Alistair Burt, another Foreign Office minister who worked in Mr Johnson’s team, said: “I’m stunned at the nature of this attack. There is no justification for such an outrageous, inappropriate and hurtful analogy. “If we don’t stop his extraordinary use of language over Brexit, our country might never heal. Again, I say, enough.”

AFP/Getty

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

It comes amid that Ms May’s former aides drew up a dossier on Mr Johnson’s sexual encounters with the aim of undermining his leadership prospects. The document was compiled in 2016, when the Uxbridge and South Ruislip MP was seen as the main rival to Ms May in her bid to enter No 10. Downing Street and Conservative Campaign Headquaters (CCHQ) both denied having leaked the 4,000 word memo after it was circulated around Westminster

AFP/Getty

Boris Johnson 'suicide vest' Brexit jibe causes Tory divide

Mr Johnson confirmed that his 25-year marriage to wife Marina had ended

AP

The QC advised that a UK demand for the unilateral right to end the “backstop” – which would keep the UK in the customs territory until there is an alternative solution to avoid Irish border checks – could be dropped.

However, he is understood to have largely argued that was necessary as the only way to secure an agreement with the EU this month, rather than on the basis of how much power Britain would be giving up.

Mr Cox also acknowledged Northern Ireland would be under different regulations without, the pro-Brexit ministers believe, setting out the full legal implications of that.

“They believe the cabinet shouldn’t be palmed off with a summary, but must see the full legal advice unfettered by political opinion,” said a source close to one concerned cabinet minister.

“Michael was speaking for himself when he made the call, but the other ministers quickly nodded their agreement.”

A second cabinet level source confirmed the environment secretary was backed by other ministers, saying: “Gove isn’t alone in this.”

The “pizza club” meeting, last month, was also attended by Dominic Raab, the Brexit secretary and Liz Truss, the Treasury chief secretary, and was hosted by Commons leader Andrea Leadsom.

At cabinet, Mr Cox, crucially, claimed agreeing to a mutual review of the backstop would not give the EU a veto – and that even a unilateral mechanism would require a ruling from another body.

Meanwhile, the Democratic Unionist Party, which is propping up the Tories in power, called for the full legal advice to be published to parliament.

“If the House of Commons is going to have a meaningful vote on a deal upon which this legal advice is very important, then I think people are entitled to know what that legal advice is,” said Jeffrey Donaldson, the DUP’s chief whip at Westminster.

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