Withdrawal Agreement: Legal Position

Debate between Catherine West and Geoffrey Cox

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

I am grateful to my hon. Friend for her question. May I say candidly that I did not say it was not a risk? It is a risk, but, weighed against the other risks of utter chaos, losing our departure from the European Union on 29 March or the consequences of so grave a breach of faith with the people of this country as to ignore the outcome of the referendum, I believe it is a risk that we have to take.

Secondly, my hon. Friend asked about fishing. She is right that in the backstop, there would be no access to our waters other than that to which we agreed.

[Catherine West (Hornsey and Wood Green) (Lab)]

The Attorney General has made many references to his passion for Unionism. What legal assessment has he made for different parts of the UK—for example, the devolved Administrations or regions of England—if the Northern Ireland protocol comes into being?

[The Attorney General]

The whole principle of devolution is that there will be divergences between parts of the United Kingdom that are governed by devolved Assemblies. Unfortunately, in Northern Ireland’s case, that devolved Assembly is not at present functioning. Were the institutions functioning, they may well have been given a central role in these matters, because Northern Ireland shares a land border with the European Union and therefore calls for special, specific measures rather than the same considerations that apply to other parts of the European Union.