Points of Order

Keir Starmer Excerpts

Wednesday 28th November 2018 Commons Chamber

[Mr Speaker]

I am saving up the hon. Lady. It would be a pity to squander her at too early a stage of our proceedings.

[Keir Starmer (Holborn and St Pancras) (Lab)]

On a point of order, Mr Speaker. On 13 November, this House unanimously passed a motion on an Humble Address concerning the legal advice provided by the Attorney General to Cabinet on the terms of the draft withdrawal agreement. I made it clear in that debate that the motion requires

“the publication of the final”—

and full—

“advice provided by the Attorney General to the Cabinet concerning the terms of any withdrawal agreement…this to be made available to all MPs…it should be made available after any withdrawal agreement is reached with the EU, but in good time to allow proper consideration before MPs are asked to vote on the deal.”—[Official Report, 13 November 2018; Vol. 649, c. 192.]

It was on those terms that the motion was passed, unopposed by the Government.

Upon your advice being sought at the end of that debate, Mr Speaker, you said that

“the motion is effective—I have been advised thus. It is not just an expression of the opinion of the House; it is an expression of the will of the House that certain documents should be provided to it.”—[Official Report, 13 November 2018; Vol. 649, c. 236.]

I understand from today’s written ministerial statement that an oral statement will be made to the House on 3 December by the Attorney General, but I am deeply concerned by the comments from the Chancellor this morning and from the Prime Minister on the Floor of the House that the Government do not intend to comply with this motion in full and will, instead, publish only a position paper summarising the Attorney General’s advice. I am now seeking your advice, Mr Speaker, on what further steps I can take to ensure the Government comply with the motion approved by this House and provide this advice in full and in time to inform the meaningful vote.

[Mr Speaker]

I am grateful to the right hon. and learned Gentleman for his characteristic courtesy in giving me advance notice of his intention to raise this point of order. He raises a very important matter, and I understand from the written ministerial statement that a document setting out “the Government’s legal position” will be published on Monday—described by the Prime Minister as a “full, reasoned position statement”.

I must be careful not to prejudge, but if the right hon. and learned Gentleman believes that he already knows enough to be sure that Ministers are not complying with the Humble Address, he is free to write to me, as early as he likes, to suggest that the House has seen, or is about to be subject to, a contempt and to seek precedence for a motion to deal with it. It will be for me to decide, and I will not linger, whether there is an arguable case that a contempt has been committed, and therefore whether an appropriate motion should be put urgently before the House.