Exiting the European Union

Edward Leigh Excerpts

Monday 11th March 2019 Commons Chamber

[Mr Lidington]

First, of course, all parties agree that the backstop, were it ever to be used, is temporary. Indeed, article 50 is not a legal basis for any sort of permanent relationship between the European Union and a third country of any kind. On the specific points that the hon. Gentleman made, the language that I used in the statement reflected the concerns that have been expressed often inside and outside this House that there would be an effort by some countries within the European Union to keep us in the backstop because, such critics argued, they would see economic advantage or leverage in so doing. What the joint instrument makes very clear is that any such action would be a breach of the EU’s formal international legal obligations.

[Sir Edward Leigh (Gainsborough) (Con)]

The hon. Member for Brighton, Pavilion (Caroline Lucas) has alluded to the Adjournment debate that I had a few weeks ago on this issue of the conditional interpretative declaration, which I have been pressing the Government to use for some time. Can my right hon. Friend confirm that, under international law, such an interpretative declaration does indeed have the full force of international law, it is legally enforceable, it has exactly the same weight as the withdrawal agreement and the advantage of it is that it allows us to make a statement that the backstop is indeed temporary, or has a time limit, and it is now up to the EU if we have made such an interpretative declaration to refuse to ratify the treaty? A mere protest is not good enough, so this has full legal force. It is a very useful instrument and the House should pay the closest attention to it.

[Mr Lidington]

My right hon. Friend has been a consistent advocate of this approach and I have heard him speak and intervene a number of times in this Chamber on that theme. I am happy to confirm that the description that he has given is accurate.