Brexit: Attorney-General’s Advice

Baroness Ludford Excerpts

Thursday 29th November 2018 Lords Chamber

[Lord Keen of Elie]

My Lords, it is not for me to implore Members of this House not to worry in either the short or the long term, and it would be equally inappropriate for me to anticipate a Statement that has yet to be made by my right honourable and learned friend the Attorney-General.

[Baroness Ludford (LD)]

My Lords, can the Minister tell us whether the legal advice will take account of the interesting additional sentence in Monday’s Statement that opened up the prospect of there being a trade relationship but, if that were later altered by a future Parliament, the Irish backstop not coming back? What would be the legal implications of that for the European Union’s understanding that we will respect the Good Friday agreement and not bring back a hard border in Ireland—that is, we could chop and change whatever happens initially in the permanent relationship?

[Lord Keen of Elie]

I am not going to anticipate a Statement that has not yet been made. With regard to the interpretation and application of the withdrawal agreement, this is not the time or the place to indulge in a detailed analysis of its effect. However, the withdrawal agreement is in the public domain, and it is open to anyone and all to take appropriate legal advice if they consider that that is required with regard to the interpretation of that agreement.