Brexit: Legal Position of Withdrawal Agreement

Debate between Lord Keen of Elie and Baroness Bryan of Partick

Monday 3rd December 2018 Lords Chamber

[Baroness Bryan of Partick (Lab)]

My Lords, in 2012 in Scotland we faced a huge decision—perhaps not on the scale that we face now—but the then First Minister claimed that he had received legal advice from the Lord Advocate on the question of an independent Scotland’s relationship with the EU. He used the Ministerial Code to refuse to give details of that legal advice. Ruth Davidson, leader of the Conservative Party in Holyrood, said of this excuse that the,

“people of Scotland needed the truth”.

Does the Minister agree that a similar statement could be made on our behalf here today—that we should understand the nature of the advice provided?

[Lord Keen of Elie]

With respect to the noble Baroness, the then First Minister’s record on when he did and when he did not receive legal advice from the law officers was somewhat uncertain, if I can put it in those terms. I therefore do not believe that any of that sets a precedent for the present situation.