Brexit: Johnson joins opposition parties in demanding government release legal advice over May's 'appalling' deal

Attorney general reportedly warns UK faces being tied to EU customs union 'indefinitely' through Irish backstop proposal

Boris Johnson has called on the government to publish its legal advice on her Brexit deal, branding Theresa May's refusal to make it public a "scandal".

It comes after the prime minister was warned she is on course for a "historic constitutional row" unless the government releases the legal opinion of attorney general Geoffrey Cox.

Labour said it is ready to combine with other opposition parties to start proceedings for contempt of Parliament unless the report is published in full.

In his column for the Daily Telegraph, Mr Johnson said it was "outrageous" the public should be prevented from knowing "the full legal implications of the appalling deal".

The Brexiteer and former foreign secretary compared Ms May's stance to her complaints when in opposition about Labour's refusal to publish legal advice on the Iraq War.

"This legal question is more important even than the Iraq war. This is about our democracy. This is about the future right of the people of this country to have a say in their own laws," he wrote.

The DUP – which props up the government in the Commons – was said to be ready to sign a joint letter with other parties to speaker John Bercow on Monday unless ministers back down.

It potentially represents another hurdle for Ms May to overcome as she struggles to win backing for her deal in the crucial commons vote on 11 December.

MPs across parliament have angrily accused ministers of ignoring the will of the House after they said only that they would release a "full reasoned political statement" on the legal position.

It follows a binding Commons vote last month requiring the Government to lay before Parliament "any legal advice in full" – including that given by the attorney general – relating to the Withdrawal Agreement.

Ministers chose not to oppose the motion – tabled by Labour under an arcane procedure known as the humble address – as they feared a damaging Commons defeat.

The latest row erupted row erupted as it was reported Mr Cox – who is due to make a statement to the commons on Monday – had warned the UK could be tied to the EU customs union "indefinitely" through the Northern Ireland backstop.

The Sunday Times said that in a letter sent to cabinet ministers last month, Mr Cox advised the only way out of the backstop – designed to prevent the return of a hard border with the Republic – once it was invoked was to sign a new trade deal, a process that could take years.

"The protocol would endure indefinitely," he is reported to have written.

The letter was said to be so sensitive that ministers were given numbered copies to read which they were not allowed to take from the room afterwards.

Former Brexit secretary Dominic Raab, who quit last month over the withdrawal agreement, said the legal position was clear.

"The backstop will last indefinitely until it is superseded by the treaty setting out our future relationship, unless the EU allows us to exit," he told The Sunday Times.

"The EU has a clear veto, even if the future negotiations stretch on for many years, or even if they break down and there is no realistic likelihood of us reaching agreement.

"That's my view as a former international lawyer, but it is consistent if not identical with all of the formal advice I received."

Ministers have argued the legal advice is privileged, in the same way as any advice given by a lawyer to their client, and that government cannot function if it is required to release such confidential material.

However, writing in The Sunday Telegraph, shadow Brexit secretary Sir Keir Starmer said it was essential MPs understood the full legal implications before they voted on the agreement.

"If the full legal advice is not forthcoming, we will have no alternative but to start proceedings for contempt of Parliament – and we will work with all parties to take this forward," he said.

"If ministers stubbornly refuse to obey the order of MPs then they risk triggering a historic constitutional row that puts Parliament in direct conflict with the executive.

"Although I accept the long-standing convention that cabinet legal advice should be kept confidential, it's well-established that in exceptional circumstances that convention does not apply. And these are exceptional circumstances."

Labour sources said that Sir Keir was ready to sign a joint letter with the DUP's Westminster leader Nigel Dodds, Liberal Democrat Brexit spokesman Tom Brake and SNP Europe spokesman Stephen Gethins, asking Mr Bercow to allow a motion that the government had held Parliament in contempt.

Under Commons rules, if the Speaker allows the motion to go before the House and the vote is carried, it would then be referred to the Committee of Privileges which would rule on whether a contempt of Parliament had taken place.

If it is decided that a contempt had occurred, the committee can recommend a suitable punishment which is then put back to MPs to agree.

In theory, the most severe penalty is expulsion from the House, although the prospects of that happening would appear remote.

However, any finding against the government would be potentially highly damaging for Ms May at a time when she is at her most vulnerable politically.

Press Association