Withdrawal Agreement: Legal Position

Debate between Chris Philp and Geoffrey Cox

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

I hope I heard the hon. Gentleman’s question correctly. I hope he will forgive me—I could not quite hear; other voices were speaking. If the question was on the nature of the referendum result and the suggestion that it was procured by some sort of fraud, I do not agree with that. In any event, a case on that is pending in court, so it would be wrong of me to make any substantial further comment on it, but the policy of the Government is that the referendum result must be honoured, and that is what will happen.

[Chris Philp (Croydon South) (Con)]

The terms of our EU membership say that we have the right to leave unilaterally under article 50. We also have the right to leave the unrelated European convention on human rights. What explanation and assurance can the Attorney General give the House as to why, under the proposed arrangements, we do not have those two rights?

[The Attorney General]

As I have explained, a unilateral right of termination would be inconsistent with a backstop, which is a guarantee that in circumstances where there is not a deal, or during the negotiations for a deal, there will be no hard border, and there will be protection of north-south co-operation. That backstop has to exist, or there will be no deal. As to the ECHR, that is already protected by the Belfast agreement; it is embedded in that agreement, and would have to be preserved for that reason.