National Security Council Leak

Debate between Edward Leigh and David Lidington

Thursday 2nd May 2019 Commons Chamber

[Mr Lidington]

If the police consider an investigation to be necessary, the Government, at all levels—Ministers, officials and special advisers—will give full co-operation.

[Sir Edward Leigh (Gainsborough) (Con)]

In this country, we believe in natural justice. In any company, the civil service or anywhere else, someone accused of a disciplinary offence, let alone a criminal offence, is given a chance, in an impartial forum, to prove their innocence. As a matter of natural justice, how will the former Defence Secretary now be given an opportunity to prove his innocence?

[Mr Lidington]

My right hon. Friend the Member for South Staffordshire has not been accused of any criminal offence but, sadly, he has lost the confidence of my right hon. Friend the Prime Minister, and she has therefore acted in accordance with the principles set out in the ministerial code.

UK’s Withdrawal from the European Union

Debate between Edward Leigh and David Lidington

Thursday 14th March 2019 Commons Chamber

[Mr Lidington]

I do not have the figures on cost to hand; they would be a matter of record available on the Electoral Commission’s website. However, we would have to make those elections possible—not something that the Government wishes to do at all—and that would require secondary legislation to be laid before the House in mid-April.

[Sir Edward Leigh (Gainsborough) (Con)]

For the reasons that my right hon. Friend the Minister has given, it is obvious that we have to try to get through a deal that the Attorney General can sign off. I am not asking the Minister to give a detailed legal opinion, but will he note that the unilateral declaration, which we have now lodged, gives us an opportunity to beef up the declaration and to make it clear that we do have a unilateral right of exit from the backstop? If we could do that, I am sure that we could reassure colleagues, particularly those in the Democratic Unionist party, and make progress.

[Mr Lidington]

My right hon. Friend will understand that it would be wrong of me to comment upon a legal opinion by my right hon. and learned Friend the Attorney General, but I am sure that he and the other Law Officers will take note of my right hon. Friend’s point.

Exiting the European Union

Debate between Edward Leigh and David Lidington

Monday 11th March 2019 Commons Chamber

[Mr Lidington]

First, of course, all parties agree that the backstop, were it ever to be used, is temporary. Indeed, article 50 is not a legal basis for any sort of permanent relationship between the European Union and a third country of any kind. On the specific points that the hon. Gentleman made, the language that I used in the statement reflected the concerns that have been expressed often inside and outside this House that there would be an effort by some countries within the European Union to keep us in the backstop because, such critics argued, they would see economic advantage or leverage in so doing. What the joint instrument makes very clear is that any such action would be a breach of the EU’s formal international legal obligations.

[Sir Edward Leigh (Gainsborough) (Con)]

The hon. Member for Brighton, Pavilion (Caroline Lucas) has alluded to the Adjournment debate that I had a few weeks ago on this issue of the conditional interpretative declaration, which I have been pressing the Government to use for some time. Can my right hon. Friend confirm that, under international law, such an interpretative declaration does indeed have the full force of international law, it is legally enforceable, it has exactly the same weight as the withdrawal agreement and the advantage of it is that it allows us to make a statement that the backstop is indeed temporary, or has a time limit, and it is now up to the EU if we have made such an interpretative declaration to refuse to ratify the treaty? A mere protest is not good enough, so this has full legal force. It is a very useful instrument and the House should pay the closest attention to it.

[Mr Lidington]

My right hon. Friend has been a consistent advocate of this approach and I have heard him speak and intervene a number of times in this Chamber on that theme. I am happy to confirm that the description that he has given is accurate.

UK’s Withdrawal from the EU

Debate between Edward Leigh and David Lidington

Wednesday 27th February 2019 Commons Chamber

[Mr Lidington]

The Government’s policy is what the Prime Minister set out in her statement yesterday and is summarised in the words that I have just spoken. The approach to collective responsibility is set out clearly in the ministerial code.

[Sir Edward Leigh (Gainsborough) (Con)]

On a more positive note, in order to get the withdrawal agreement through, which we should all want, does my right hon. Friend agree that it is not necessary to unpick it? Under international law, we could have a conditional interpretative declaration stating that the backstop is not permanent. If we get that and if the Attorney General changes his mind, will my right hon. Friend join me in urging all my Brexiteer colleagues to vote for this agreement, because the choice is no longer perhaps between an imperfect deal and no deal, but between an imperfect deal and no Brexit?

[Mr Lidington]

I agree with my hon. Friend. We all wish my right hon. and learned Friend the Attorney General well in his continuing talks with representatives of the European Commission.