Oral Answers to Questions

David Linden Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Mr Speaker]

It might help victims if you did; I think that is the answer.

[David Linden (Glasgow East) (SNP)]

What assessment he has made of the implications of the UK Internal Market Bill for his responsibilities in upholding the rule of law.

--- Later in debate ---

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I am absolutely committed, under the oath I took as Lord Chancellor, to upholding the rule of law; the freedoms and protections we all enjoy rely on it, and as a responsible Government, we remain wholly committed to it. At all stages, as a responsible Government, we must ensure that we have the ability to uphold our commitments to the people of Northern Ireland. We will do what it takes to protect the integrity of our United Kingdom.

[David Linden]

I believe the right hon. and learned Gentleman, but millions wouldn’t. The Bar Council and the Law Society of England and Wales say that clauses 41 to 45 of the Bill

“enable Ministers to derogate from the obligations of the United Kingdom under international law in broad and comprehensive terms and prohibit public bodies from compliance with such obligations. They represent a direct challenge to the rule of law, which include the country’s obligations under public international law.”

They are not wrong, are they?

[Robert Buckland]

With respect to those organisations, with which I engage almost daily, it is important that as a result of any potential conflict that might occur between domestic and international law, we make provisions as a responsible Government to prepare for the worst. That is the honest and upfront approach, as opposed to confession and avoidance in the event of any international dispute. Members must remember the context: these powers will be triggered only if there is a material breach by the EU, and we have set out examples on the Government website.