Oral Answers to Questions

Debate between Justin Madders and Jeremy Wright

Thursday 2nd February 2017 Commons Chamber

[Justin Madders (Ellesmere Port and Neston) (Lab)]

5. What the cost to the public purse was of fees related to legal proceedings on the triggering of article 50.

[The Attorney General (Jeremy Wright)]

The case that concluded in the Supreme Court last week dealt with an important constitutional issue. It was absolutely right that the Government both defended their position and appealed against the first-instance judgment in England and Wales to the Supreme Court, where the case was heard alongside connected litigation from the Northern Ireland courts. The figures for the total costs of those cases will be published in due course, but I can confirm that the Advocate General for Scotland and I, who appeared on behalf of the Government, received no additional fee for our work on the case.

[Justin Madders]

I thank the Attorney General for his response, although I am not sure that we have got any closer to learning the figure. Given that every serious legal commentator in the land said that the Government’s appeal was doomed to fail, will he please explain to the House why it was so necessary to waste taxpayers’ money on funding the appeal?

[The Attorney General]

I am afraid that I do not agree with the hon. Gentleman’s premise. Let me point out a number of things to him. First, I think that the Supreme Court of the United Kingdom is the right place in which to decide a case of such significance. Secondly, if the Government’s arguments had been as hopeless as the hon. Gentleman suggests, three Supreme Court justices would not have agreed with them. Thirdly, as I have already pointed out, the case was in the Supreme Court partly because judgments in Northern Ireland cases were appealed against to the Supreme Court, not by the Government but by the other parties. The Government responded to those cases, and, incidentally, were successful. Fourthly, the Supreme Court was dealing with arguments presented by the devolved Governments, which had to be dealt with by the Supreme Court. In that instance, the Government were again entirely successful.

Lastly, let me say this to the hon. Gentleman. I think it is a good thing that, in a system governed by the rule of law, a Government are prepared to go to court to argue their case, to make use of appeal mechanisms like any other litigant, and then to abide by the final outcome. That is what has happened, and I think it is a good example of the way in which a rule-of-law system should work.