division_name: Privilege (Withdrawal Agreement: Legal Advice)
motion: <p class="indent" pid="e667.2/2" pwmotiontext="yes">That this House finds Ministers in contempt for their failure to comply with the requirements of the motion for return passed on <phrase class="date" code="2018-11-13">13 November</phrase> 2018, to publish the final and full legal advice provided by the Attorney General to the Cabinet concerning the EU Withdrawal Agreement and the framework for the future relationship, and orders its immediate publication.</p>
  
  <p class="indent" pid="e667.2/5" pwmotiontext="yes">&#8220;The ruling I give is simply that the motion is effective&#8212;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.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-11-13">13 November</phrase> 2018; Vol. 649, c. 236.]</p>
  
  <p class="indent" pid="e667.2/8" pwmotiontext="yes">&#8220;I wish that I could comply with the request of this House but if I did, I sincerely believe that it would not be in all of our interests.&#8221;</p>
  
  <p class="indent" pid="e667.2/10" pwmotiontext="yes">&#8220;although the House says that I should disclose, I believe that the public interest compels me not to. I am sorry.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 534 and 564.]</p>
  
  <p class="indent" pid="e667.2/13" pwmotiontext="yes">&#8220;When the Government lose a vote, they must follow the will of this House under an Humble Address, according to all precedent. It is no longer a matter for the Government to judge; it has been decided by this House, which is a higher authority.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 563.]</p>
  
  <p class="indent" pid="e667.2/16" pwmotiontext="yes">&#8220;I had no discussions with the Chief Whip on this subject. None was sought.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 569.]</p>
  
  <p class="indent" pid="e669.5/2" pwmotiontext="yes">&#8220;refers to the Committee of Privileges the question of whether the Government&#8217;s response fulfils the motion passed on <phrase class="date" code="2018-11-13">13 November</phrase> 2018 and requests the Committee to consider the constitutional and historic context and the proper use, ambit and scope of the motion for return procedure.&#8221;</p>
  
  <p class="indent" pid="e670.0/2" pwmotiontext="yes">&#8220;although the House says that I should disclose, I believe that the public interest compels me not to.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 564.]</p>
  
  <p class="indent" pid="e673.0/4" pwmotiontext="yes">&#8220;conventions are observed because of the political difficulties which arise if they are not.&#8221;</p>
  
  <p class="indent" pid="e673.0/6" pwmotiontext="yes">&#8220;The Law Officers must be consulted in good time before the Government is committed to critical decisions involving legal considerations.&#8221;</p>
  
  <p class="indent" pid="e679.1/4" pwmotiontext="yes">&#8220;There is no procedure by which this House can have redactions or entertain circumstances in which it could weigh the competing public interest against the interest in disclosure, as a judge would do.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 557.]</p>
  
  <p class="indent" pid="e679.1/7" pwmotiontext="yes">&#8220;There is nothing to see here.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 557.]</p>
  
  <p class="indent" pid="e679.1/9" pwmotiontext="yes">&#8220;There is therefore no unilateral right for either party to terminate this arrangement. This means that if no superseding agreement can be reached within the implementation period, the protocol would be activated and in international law would subsist even if negotiations had broken down.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 547.]</p>
  
  <p class="indent" pid="e680.2/2" pwmotiontext="yes">&#8220;no unilateral right&#8230;to terminate&#8221;. &#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 557.]</p>
  
  <p class="indent" pid="e682.1/2" pwmotiontext="yes">&#8220;There is nothing to see here.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 557.]</p>
  
  <p class="indent" pid="e683.1/5" pwmotiontext="yes">&#8220;the final and full advice provided by the Attorney General to the Cabinet concerning the terms of any withdrawal agreement.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-11-13">13 November</phrase> 2018; Vol. 649, c. 235.]</p>
  
  <p class="indent" pid="e690.2/2" pwmotiontext="yes">&#8220;the final and full legal advice provided by the Attorney General to the Cabinet concerning the EU Withdrawal Agreement and the framework&#8221;.</p>
  
  <p class="indent" pid="e696.0/4" pwmotiontext="yes">&#8220;We should have voted against it.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 579.]</p>
  
  <p class="indent" pid="e696.0/7" pwmotiontext="yes">&#8220;The House has at its disposal the means by which to enforce its will.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 574.]</p>
  
  <p class="indent" pid="e698.0/3" pwmotiontext="yes">&#8220;confined to documents of public and official character.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-12-03">3 December</phrase> 2018; Vol. 650, c. 563.]</p>
  
  <p class="indent" pid="e698.0/6" pwmotiontext="yes">&#8220;The opinions of the law officers of the Crown, given for the guidance of ministers, in any question of diplomacy or state policy, being included in the class of confidential documents, have generally been withheld from Parliament.&#8221;</p>
  
  <p class="indent" pid="e698.0/8" pwmotiontext="yes">&#8220;In 1858, however, this rule was, under peculiar and exceptional circumstances, departed from, and the opinions of the law officers of the Crown upon the case of the Cagliari, were laid before Parliament.&#8221;</p>
  
  <p class="indent" pid="e699.0/2" pwmotiontext="yes">&#8220;under peculiar and exceptional circumstances&#8221;,</p>
  
  <p class="indent" pid="e710.0/3" pwmotiontext="yes">&#8220;You know I can't give you the legal advice, or reveal the legal advice of law officers.&#8221;</p>
  
  <p class="indent" pid="e712.1/4" pwmotiontext="yes">&#8220;That an humble Address be presented to Her Majesty, that she will be graciously pleased to give directions that the following papers be laid before Parliament: any legal advice in full&#8221;.</p>
  
  <p class="indent" pid="e712.1/7" pwmotiontext="yes">&#8220;During the debate on that motion Labour&#8217;s frontbench made it clear that: &#8216;the motion requires the publication of the final and full advice&#8217;&#8221;.</p>
  
  <p class="indent" pid="e712.1/9" pwmotiontext="yes">&#8220;Order. I am extremely grateful to the hon. Lady. It might profit her and all Members of the House if they listen to the development of the argument in which the shadow Secretary of State is engaged. Frankly, it is not really very confusing at all. There is a motion, and Members can read the motion and form their own view of it.&#8221;</p>
  
  <p class="indent" pid="e712.1/11" pwmotiontext="yes">&#8220;I am deeply unclear&#8212;are you asking for publication of the final advice&#8221;&#8212;</p>
  
  <p class="indent" pid="e712.1/13" pwmotiontext="yes">&#8220;or of any legal advice&#8221;.&#8212;[Official Report, <phrase class="date" code="2018-11-13">13 November</phrase> 2018; Vol. 649, c. 193-6.]</p>
  
  <p class="indent" pid="e713.1/2" pwmotiontext="yes">&#8220;I am deeply unclear&#8212;are you asking for publication of the final advice or of any legal advice in full that has happened during the entire negotiation? [Interruption.] With due respect, I am being asked for my vote regarding the motion on the Order Paper. Are you asking for what is on the Order Paper, which is,</p>
  
  <p class="indent" pid="e713.1/3" pwmotiontext="yes">&#8220;any legal advice in full&#8221;&#8212;</p>
  
  <p class="indent" pid="e713.1/4" pwmotiontext="yes">that is, during the whole negotiation?&#8221;&#8212;[Official Report, <phrase class="date" code="2018-11-13">13 November</phrase> 2018; Vol. 649, c. 196.]</p>
  
  <p class="indent" pid="e714.4/4" pwmotiontext="yes">&#8220;Returns may be moved for, either by order or address, relating to any public matter&#8221;,</p>
  
  <p class="indent" pid="e714.4/6" pwmotiontext="yes">&#8220;papers and correspondence sought from Government Departments should be of a public and official character and not private or confidential&#8221;,</p>
  
  <p class="indent" pid="e714.4/8" pwmotiontext="yes">&#8220;The opinions of the Law Officers of the Crown given for the guidance of Ministers in any question of diplomacy or State policy being included in the class of confidential documents, have generally&#8221;&#8212;</p>
  
  <p class="indent" pid="e714.4/10" pwmotiontext="yes">&#8220;been withheld from Parliament.&#8221;</p>
  
  <p class="indent" pid="e714.4/12" pwmotiontext="yes">&#8220;We have given directions that all the papers connected with the management of the Cagliari case by our predecessors should be prepared and laid with all reasonable despatch before Parliament. They are more voluminous than the House perhaps imagines; but no unnecessary delay will take place in their production. It is also my duty to state that, after great deliberation, while perfectly aware of the inconvenience which under ordinary circumstances would accrue by submitting to Parliament the opinions of the law officers of the Crown&#8221;&#8212;</p>
  
  <p class="indent" pid="e714.4/14" pwmotiontext="yes">&#8220;we have arrived at the conclusion that in the peculiar and exceptional circumstances of the present case we ought to lay the opinions of the law officers of the Crown before the House.&#8221;&#8212;[Official Report, <phrase class="date" code="2018-03-15">15 March</phrase> 1858; Vol. 149, c. 178.]</p>
  
  <p class="indent" pid="e714.4/17" pwmotiontext="yes">&#8220;However ample the power of each House to enforce the production of powers may be, a sufficient cause must be shown for the exercise of that power; and if considerations of public policy can be urged against a motion for the papers, it is either withdrawn, or otherwise dealt with according to the judgment of the House.&#8221;</p>
  
  <p class="indent" pid="e718.6/2" pwmotiontext="yes">&#8220;has no counterpart in Scottish constitutional&#8221;</p>
  
  <p class="indent" pid="e721.1/2" pwmotiontext="yes">&#8220;Any act or omission which obstructs the House of Commons in carrying out its duties&#8221;.</p>
  
  <p class="italic" pid="e722.3/4" pwmotiontext="yes">The House divided:</p>
  
  <p pid="e722.3/5" pwmotiontext="yes">Ayes 307, Noes 311.</p>