On 4 December 2018, the House of Commons debated whether the government had committed a “breach of Parliament” by refusing to publish legal advice from the Attorney General, Geoffrey Cox MP, about the Brexit withdrawal agreement.
The opposition moved a motion in November 2018 requiring the government to publish the advice. The government did not attend, so the motion was passed, and then ignored by the government.
On 3 December 2018, the attorney-general made a rare appearance at the despatch box in Parliament to explain that legal advice given to the government was confidential, just as legal advice to any client is confidential, and it would be against the national interest to abandon that rule. The attorney-general released a commentary on the advice, but not the advice itself.
This ancient and rarely cited offence makes it an offence for a person to behave in a way that hinders the work of Parliament. It includes refusing to appear before a committee or attempting to bribe an MP or peer.
To invoke the procedure, a complaint must be made to the Speaker. The six opposition parties made a complaint to Speaker John Bercow MP who announced in the evening of 3 December 2018 that there was an answerable case.
This means that a contempt motion is put to the House to vote on. If carried, the matter may be referred to the Commons Committee of Privileges which investigates and may suggest a punishment. An MP can be expelled or suspended.
The most reason case was Conservative MP Justin Tomlinson who was suspended for two days in 2015 for leaking a report. The last expulsion was 70 years when Labour MP Garry Allingham was expelled for selling stories. In theory, Parliament could vote to imprison a person.
This is the first known occasion that a government has been accused of the offence. It is believed that, if upheld, the result would be to suspend attorney-general Geoffrey Cox or David Lidington MP. [18.12]