United Kingdom’s Withdrawal from the European Union

Debate between Lord Field of Birkenhead and Geoffrey Cox

Friday 29th March 2019 Commons Chamber

[The Attorney General]

May I move on to the withdrawal agreement? First, I will give way briefly to the right hon. Member for Birkenhead (Frank Field).

[Frank Field (Birkenhead) (Ind)]

If we pass the motion, given that we have business on Monday to continue to express our preferences, and if Mr Speaker were willing, could we not introduce a motion that captured what we decide today—if that is to accept the divorce settlement—with the motion that the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), put to us to vote on this week, which came the nearest to being passed, so that we would have the divorce settlement and alternatives, including the customs union?

[The Attorney General]

Plainly, that would be open to the House to do. The problem is that we would have lost the legal right to the extension, so we would apply to the discretion of the Union for it to be granted.

Let me come back to the political declaration, because it is important that I should say a few more words about it. The process that is—

European Union (Withdrawal) Act

Debate between Lord Field of Birkenhead and Geoffrey Cox

Tuesday 15th January 2019 Commons Chamber

[The Attorney General]

I intend to address the very point that the right hon. Gentleman raises, because it is important to distinguish between the withdrawal agreement and the political declaration and the permanent treaties in which the long-term relationship between this country and the European Union will be settled. The political declaration sets the boundaries within which those permanent arrangements will be negotiated. The aims of the withdrawal agreement are to settle the outstanding issues that our departure creates. These are two separate and, importantly, distinguishable functions.

The withdrawal agreement commands across the House, I would submit, with the exception of two areas—the backstop and the political declaration—widespread consensus as to its necessity and its wisdom.

[Frank Field (Birkenhead) (Ind)]

Might I draw the Attorney General’s attention to amendment (n) in my name, which calls on him to be a servant of the House and give his legal judgment on whether undertakings about the backstop and our ability to limit it are binding in law, and therefore actionable in law, internationally? Might he draw our attention to the letter he wrote in consequence—maybe in consequence—to the Prime Minister saying that we actually had that legal basis from the Council’s conclusions on 13 December?

[The Attorney General]

The right hon. Gentleman is of course right to say that I published that letter in the spirit of the conversation I had with him—in the spirit of the Government’s desire to make clear as much information as this House needs to make its judgments.

Withdrawal Agreement: Legal Position

Debate between Lord Field of Birkenhead and Geoffrey Cox

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

No.

[Frank Field (Birkenhead) (Ind)]

Does the Attorney General agree that a motion such as the one I have tabled on the Order Paper would give this House sovereignty on when we should leave the backstop, should we enter it, and that as a country we would have a degree of certainty, which he has been able to supply today? If the Government go down in defeat next week, would he suggest that that should be top of the Prime Minister’s negotiating list with the European Union?

[The Attorney General]

I have enormous respect for the right hon. Gentleman and his suggestion, and I realise that other right hon. and hon. Members are considering similar things. I simply say this: what we cannot do is anything that is incompatible with our obligations under the withdrawal agreement. Any amendment to the meaningful vote that would introduce a qualification to our obligations under the agreement would be likely to be viewed by the European Union as a failure to ratify it and would justify non-ratification on its part.

[Frank Field]

But if you fail to get it through the House?

[The Attorney General]

We will be plunged into such great chaotic disorder in the circumstances that the right hon. Gentleman suggests that I very much hope the House will think and reflect carefully before doing that.