Withdrawal Agreement: Legal Position

Cheryl Gillan Excerpts

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

The Attorney General has a very special role when the lawfulness of the Government’s action is at stake. There, it is true, he occupies a central role, because if he says it is not lawful, the Government cannot act contrary to his advice. But in a case such as this, the essential question before us all is a political question, not a legal one.

[Dame Cheryl Gillan (Chesham and Amersham) (Con)]

On whichever side of the House hon. Members sit, those of us who have been in government know that it is very important that there is safe space in which Law Officers and civil servants can give advice to Ministers. I fear that today we are trying to breach that convention, and that could be very dangerous for our system. It is extraordinary to me that people would prefer to have a piece of paper produced for them that they have clearly been told may contain information that damages the national interest, rather than have the Attorney General before us, who is giving us further and better particulars, and answering all questions in a full, frank and fair way.

[Mr Speaker]

I think the right hon. Lady is finished—no?

[Dame Cheryl Gillan]

Well, Mr Speaker, I was just going to ask the Attorney General to confirm that there is nothing in the written advice that he has not covered today that, if it were revealed, would be damaging to the national interest.

[The Attorney General]

On all points of law about which this House has asked me, or any point arising from the withdrawal agreement, I will give the same view to any person who asks.