Exiting the European Union

Baroness Morgan of Cotes Excerpts

Monday 11th March 2019 Commons Chamber

[Mr Lidington]

I will say a couple of things in response to the right hon. Gentleman. First, he is right in this respect: the treaties themselves, as he knows, make it clear that the European Court is the final arbiter of the meaning of European law. We have seen that affect, for example, the ratification of the trade agreement with Canada and the agreement with Singapore. The withdrawal agreement is not part of European law, however; the withdrawal agreement and the joint instrument that is now associated with it have the status of treaties under international law, not European law.

Secondly, the right hon. Gentleman referred to the question of arbitration. Frankly, we would not want the EU to have the right to act arbitrarily against us without regard to some due process, so I do not think it is unreasonable for there to be a process.

[Nicky Morgan (Loughborough) (Con)]

On 29 January, this House set a bar for the Government of replacing the backstop. Can my right hon. Friend confirm that meaningful commitments have been secured to replace the backstop with alternative arrangements?

[Mr Lidington]

There have been, certainly, meaningful changes that affect, in the way that the House required, the operation of the backstop. I believe that what has been agreed in the joint instrument tonight delivers on what the House requested in January.