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As it happenedended

Conservative rebels win bid to let MPs take control of EU exit plans if Theresa May loses vote

Prime minister suffers humiliating double defeat in Commons

Lizzy Buchan
Political Correspondent
,Chris Baynes
Tuesday 04 December 2018 19:00 GMT
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Commons vote forces government to publish Brexit legal advice ahead of vote

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Theresa May has suffered two humiliating defeats in parliament as MPs flex their muscles ahead of a Commons showdown over her deal.

In extraordinary scenes, the government was found to be in contempt of parliament over its refusal to publish key Brexit papers after opposition MPs won a narrow victory to force their hand.

Tory rebels then inflicted a further defeat on the prime minister, by backing an amendment that would give MPs control over Brexit if Ms May's deal is voted down next week.

It comes as the prime minister began a five-day Commons debate on her Brexit blueprint, which culminates in crunch votes that could threaten her leadership and her government.

See below for live updates

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Lizzy Buchan4 December 2018 11:22

Busy day in the Commons. Foreign Office questions is now underway, which will be followed by an emergency motion on whether the government is in contempt of parliament for refusing to publish its full legal advice on the Brexit deal.

This could run until about 7pm - then Theresa May will open the first day of debate on the Brexit deal. In theory, the Commons could sit until 3am.

Lizzy Buchan4 December 2018 11:38

Jeremy Hunt is facing a grilling from MPs over Brexit. Labour's Emily Thornberry says he was sensible to say he could not vote for the Brexit deal without seeing the legal advice - and asks why this does not apply to parliament.

The foreign secretary says publishing the advice would make government impossible - in a sign that ministers are sticking to their position.

Lizzy Buchan4 December 2018 11:45

Lizzy Buchan4 December 2018 11:55

In Yemen, the choice is simple: stop the war and rebuild the country or leave millions to starve, writes former Labour foreign secretary David Miliband.

Read his column here: 

Lizzy Buchan4 December 2018 12:19

Lizzy Buchan4 December 2018 12:31

Sir Keir Starmer, the shadow Brexit secretary, is now moving the contempt motion, on behalf of the opposition MPs.

He says parliament's order on November 13 that the government publish the full legal advice on the Brexit deal was "binding" and the document published yesterday was simply a "synopsis".

"The government is wilfully refusing to comply with a binding order of this house and that is contempt," he says.

Starmer says the attorney general's reasoning behind not publishing was a "plea of mitigation, not a defence" - and it is not good enough.

"It is no longer a matter for the government to judge. It has been decided by the House, which is a higher authority."

He said the government has ended up "in very deep water" because they were afraid of losing the vote. They have been ignoring opposition days in parliament all year.

Lizzy Buchan4 December 2018 12:52

Huge jeers from MPs when Keir Starmer says he has not taken this decision lightly.

John Bercow, the Speaker, has to intervene to tell them to quieten down.

Starmer urges the government "to think again and pull back from the brink of being in contempt of parliament".

Lizzy Buchan4 December 2018 12:59

Andrea Leadsom, the Commons leader, is now speaking for the government. She has tabled a motion to thwart the efforts, by forcing the matter to go before the privileges committee - ie kicking it into the long grass.

She says the government has provided a lengthy commentary on the detailed legal position on the Brexit deal and the attorney general has promised to answer any questions MPs have.

"I would urge the house to exercise caution in this matter," she says. "There is no dispute about the wording of the withdrawal agreement."

She says no one could argue that the attorney general, Geoffrey Cox, has done anything but treat the House with respect.

Lizzy Buchan4 December 2018 13:02

Tory MP Simon Hoare intervenes, saying opposition MPs had signed this motion by lunchtime yesterday - therefore they clearly had no interest in the attorney general's speech last night.

Andrea Leadsom says legal officers must be protected to allow government to function properly. She says the House could put the lives of troops in danger or compromise national security by demanding documents through this arcane procedure, known as a humble address.

Ken Clarke, the Tory ex-chancellor, intervenes too. He says there is a sensible solution to overcome the party-political dispute by giving a briefing to opposition leaders on privy council terms.

Leadsom thanks him but says that Labour want all information released into the public domain without thought to the consequences.

This motion would compromise the ability of good government, she said. It is not in the interest of members or the national interest, she says.

Leadsom says: "What we break now may be very difficult to fix later."

Lizzy Buchan4 December 2018 13:06

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