Legal Advice: Prorogation

Debate between Desmond Swayne and Geoffrey Cox

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

In answer to the hon. Lady’s last point, I completely and firmly support the independence of our judiciary. In Scotland, in England, in Wales and in Northern Ireland we have one of the finest judiciaries in the world. The fact of the matter is that the Supreme Court gave its judgment, and its judgment must be respected, but that does not prevent robust criticism of the terms of that judgment, which will no doubt be subjected to that criticism—that is onside. What is not onside is the imputation of improper or inappropriate motives.

[Sir Desmond Swayne (New Forest West) (Con)]

My right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) is right: we had notice of the intention to prorogue. With your assistance, Mr Speaker, we could have entertained motions against it, or even a motion of no confidence. So it was a coup, wasn’t it?

[The Attorney General]

I know that my right hon. Friend knows that, when it comes to the judges—though not to this shower on the Opposition Benches—I want to be, if I can, respectful and careful. It is important that we understand that these judges are protectors of all our freedoms and all our rights—

Withdrawal Agreement: Legal Opinion

Debate between Desmond Swayne and Geoffrey Cox

1st reading: House of Commons
Tuesday 12th March 2019 Commons Chamber

[The Attorney General]

We have made a solemn pledge to the people of both Northern Ireland and the Republic of Ireland that the border will be guaranteed never to be a hard border. That required the United Kingdom to say that in all normal circumstances we will not depart from that pledge. I repeat the point that I made to my hon. Friend the Member for North East Somerset (Mr Rees-Mogg): in the case of a fundamental change of circumstance, which is ultimately the sovereign right of this House and the Government to determine, the United Kingdom could withdraw, pursuant to customary international law. So it is not true to say that there is not ultimately the right of this House and the Government of the country at the time to exercise their discretion to do so in those circumstances. But in every other circumstance, we have said to the people of Northern Ireland, “We will ensure that your lives will be able to continue as they do now at the border.” I say that that act was worthy of this House, worthy of the Government and worthy of the British people, and it is one that is worthy of support.

[Sir Desmond Swayne (New Forest West) (Con)]

My right hon. and learned Friend has just said to my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) that the United Kingdom would never do that, so why did he raise the possibility of our withdrawing from a treaty under the Vienna convention in the first place?

[The Attorney General]

No, no, no. What I said to my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) was that we would not do it in breach of the law. We are permitted, in a case of fundamental change of circumstances, to withdraw by the law. If such a change of circumstance came about—either because of some fundamental political change in Northern Ireland or some fundamental change of circumstance going to the essential basis of the agreement—then we would have the right to withdraw. But in all normal, envisageable and predictable circumstances, particularly while we are negotiating a subsequent agreement to the pace and accelerated timetable that this instrument now requires, we would not do so and it would be wrong to do so—wrong because it would be a breach of our obligations and wrong because this is a law-abiding country.

Oral Answers to Questions

Debate between Desmond Swayne and Geoffrey Cox

Thursday 31st January 2019 Commons Chamber

[The Attorney General]

The hon. and learned Lady, who is a lady of great distinction in the legal profession, knows quite well that I am bound by the Law Officers’ Convention. I realise why she is trying to tempt me to give fuller answers, but I cannot disclose either the fact or the substance of any advice that I may have given. As for her substantive question, I suggest that she address it to the Secretary of State.

[Sir Desmond Swayne (New Forest West) (Con)]

10. Whether he has had discussions with the Secretary of State for Justice on reforms to the oversight of solicitors.

Withdrawal Agreement: Legal Position

Debate between Desmond Swayne and Geoffrey Cox

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

In all earnestness, when I gave my statement the hon. Lady will have noticed that I said that the House must understand the process by which the Law Officers give their advice. There may be no such “full legal advice”. Law Officers are consulted ad hoc, on the hoof, in fast-developing circumstances. That is what I said at the beginning of the statement. The fact of the matter is that I am here to answer the hon. Lady’s questions. [Interruption.] Well, then I will see the hon. Lady at any time and at her convenience, when she can ask me any question.

I cannot breach the constitutional convention to a client—in this case, the Government—particularly if I believe, as I do with all candour and sincerity, that it would be contrary to the national interest in the course of a negotiation that might involve discussions about strengths, weaknesses and future strategies. [Interruption.] There was a sedentary comment from the Opposition; this is not arrogance. 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 our interests. In a court, that matter can be resolved by a judge, but in the procedures of this House—it may very well be that we need to look at those procedures—there is no such arbiter. Therefore, although the House says that I should disclose, I believe that the public interest compels me not to. I am sorry.

[Sir Desmond Swayne (New Forest West) (Con)]

The backstop is in the agreement at the insistence of the EU, and it affords the EU a huge advantage and leverage when it comes to our determination never to be in it when we negotiate the future arrangements, does it not?

[The Attorney General]

The answer is no. If anything, the leverage is in the opposite direction. The French, the Belgians and the Dutch all want access to our coastal waters, but this is outside the backstop’s purview. Therefore, they will want access and we will have to negotiate. We do not have to pay a penny. It is legally uncertain. We have regulatory flexibility in Great Britain. Northern Ireland has free circulation of its goods both to GB and the European Union. My right hon. Friend knows that I support leaving the European Union. If he wants my frank view, I believe that the European Union will be very keen indeed to do a deal with us.