Oral Answers to Questions

Alistair Carmichael Excerpts

Thursday 30th March 2023 Commons Chamber

The Attorney General was asked—

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

1. What recent discussions she has had with the Secretary of State for the Home Department on the compatibility of the Illegal Migration Bill with the UK's obligations under the European convention on human rights.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

2. What discussions she has had with Cabinet colleagues on the compatibility of the Illegal Migration Bill with the Council of Europe convention on action against trafficking in human beings.

[The Attorney General (Victoria Prentis)]

With your permission, Madam Deputy Speaker, I will answer questions 1, 2 and 5 together. By convention, where the law officers have been asked to provide advice, the contents of any such advice is not disclosed outside Government. That protects our ability as legal advisers to give the Government full and frank legal advice.

[Mr Carmichael]

I somehow suspected that the answer would be something like that. The Attorney General knows that I am one of her admirers, and long have been so, right back to the days of her maiden speech, when I remind the House she said:

“The European convention on human rights is a masterful document, and we must remain a signatory to it...In this country, the courts are unable to quash an Act of Parliament. It seems we need to re-state that, while our courts should have regard to the decisions of the ECHR, these are on the same footing, and Parliament is sovereign.”—[Official Report, 25 June 2015; Vol. 597, c. 1113.]

Will she confirm that that thinking still informs her assessment of these questions? If she can, I think the rest of us can join up the dots for ourselves.

[The Attorney General]

Well, Madam Deputy Speaker, I assure the right hon. Gentleman that the admiration is entirely mutual. I also assure him that I heard very recently the Prime Minister, from this Dispatch Box, assure the House that it is the Government’s policy to remain a signatory to the ECHR.