Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 24th September 2020 Commons Chamber

[Sir Desmond Swayne (New Forest West) (Con)]

What discussions she has had with the Secretary of State for Northern Ireland on the United Kingdom Internal Market Bill.

[The Attorney General (Suella Braverman)]

I regularly meet the Secretary of State for Northern Ireland to discuss important issues of common interest. The United Kingdom Internal Market Bill is an essential and landmark piece of legislation, which will safeguard and enrich our precious Union. The Bill is a prudent step to create a legal safety net and to take powers in reserve, whereby Ministers can guarantee the integrity of the UK and protect the peace process.

[Sir Desmond Swayne]

So it does not break any law, does it?

[The Attorney General]

Consideration of and voting for this Bill do not constitute a breach of the law. However, there are powers in the Bill which, if and when exercised, will operate to disapply treaty obligations at the international law level—in particular, article 4 of the withdrawal agreement, and articles 5 and 10 of the Northern Ireland protocol. Parliamentary supremacy means that it is entirely constitutional and proper for Parliament to enact legislation, even if it breaches international treaty obligations. I am glad that my right hon. Friend voted in support of section 38 of the European Union (Withdrawal Agreement) Act 2020, which made it clear that parliamentary supremacy will prevail over international law.