EU Withdrawal Agreement: Legal Advice

Angela Eagle Excerpts

Tuesday 13th November 2018 Commons Chamber

[Keir Starmer]

As I will set out, successive Governments have waived the convention against non-disclosure in exceptional circumstances, and these are clearly exceptional circumstances. That is the first reason.

Secondly, the nature of the advice we are asking to see is general and different from other advice that the Law Officers give. That is important when we consider the convention on confidentiality and legal professional privilege.

Thirdly, although legal professional privilege can attach to legal advice given by the Law Officers, it operates differently in relation to their advice from how it operates in relation to the advice of other lawyers. I shall develop that point.

Fourthly, what cannot be allowed to happen is that the advice, or bits of it, are shown to some Members of Parliament outside Government and not others, in order to persuade them about the deal or the backstop. In other words, once the disclosure goes beyond the Government, or in this case the Cabinet—if it does; I am not suggesting that it has at this stage—it must then be made available to everybody.

[Ms Angela Eagle (Wallasey) (Lab)]

Will my right hon. and learned Friend give way?

[Keir Starmer]

Let me just make this point, because I have been challenged on it twice. It is a fair challenge and I need to meet it.

What we are calling for today is the publication of the final advice provided by the Attorney General to the Cabinet concerning the terms of any withdrawal agreement. The final advice. [Interruption.] I am making clear what we are asking for. I am at the Dispatch Box, I am on record, and I know precisely the importance of the words that I am now putting on record.

We are calling for, first, the publication of the final advice provided by the Attorney General to the Cabinet concerning the terms of any withdrawal agreement; secondly, that this should be made available to all MPs; and thirdly, that it should be made available after any withdrawal agreement is reached with the EU, but in good time to allow proper consideration before MPs are asked to vote on the deal. So, it is the final advice, it is available to every MP, and it is available at the point at which the final proposed withdrawal agreement that has been agreed with the EU is being put to this House for this House to consider.

[Ms Angela Eagle]

rose—

[Anna Soubry (Broxtowe) (Con)]

rose—

--- Later in debate ---

[Keir Starmer]

Let me clarify the position, and then, as I indicated, I will give way. Just to be clear: it is the publication of the final advice provided by the Attorney General to the Cabinet concerning the terms of any withdrawal agreement; and that this be then made available to all MPs after any withdrawal agreement is reached with the EU and in good time before MPs are asked to vote on the deal. As for the way in which I put the case, when I last dealt with the Humble Address it was in relation to the impact assessments. I made a number of points from the Dispatch Box that were important to how that was handled afterwards and the agreement that we reached with the Government.

[Ms Angela Eagle]

rose—

[Keir Starmer]

I will give way as I indicated.

[Ms Angela Eagle]

I thank my right hon. and learned Friend for giving way. Does he agree that the unprecedented nature of the meaningful vote that this House will have in the event of a withdrawal agreement being made makes it imperative for those of us who have to make that decision to have access to the Attorney General’s best view and his legal advice as to what the implications of that decision are?

[Keir Starmer]

I completely agree. The first argument that I will develop is that this is an exceptional case. There is a convention against non-disclosure; I accept that. There are exceptions to it, and if ever there was an exceptional case it is this.

--- Later in debate ---

[Mr Speaker]

The resolution is as agreed, and I do not think any violence to the position of the Law Officers has been done.

In response to the Solicitor General, who concluded the debate with his characteristic courtesy and good humour, I feel sure that the hon. Member for Banbury (Victoria Prentis) will treasure his tribute to her. It is to be expected that it will be framed, and I rather imagine that she will give it pride of place in her sitting room.

[Ms Angela Eagle]

Further to that point of order, Mr Speaker. I speak as a non-lawyer. Can you confirm that although this is a Government who do not vote when they think they are going to lose, they nevertheless have a duty to honour the motion passed by the House, because it is not just an expression of the Opposition’s view but effective?

[Mr Speaker]

I hope the hon. Lady will understand if I say that I do not dissent, but I do not really think I have anything to add. I have already said that the motion is effective—it is not just an expression of opinion; it is an expression of will—and the Government should regard the motion as effective and respond to it swiftly. I hope that that is satisfactory to colleagues.