Oral Answers to Questions

Ellie Reeves Excerpts

Thursday 24th September 2020 Commons Chamber

[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.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

The last five former UK Prime Ministers have all shared their concern about the Government’s intention to break international law through the United Kingdom Internal Market Bill. The Northern Ireland Secretary said that the Government anticipated breaking the law in a “specific and limited way”. Even the Attorney General’s own predecessor said that the Government’s intention to break the law is “unconscionable” and will greatly damage Britain’s international reputation. So I ask the Attorney General: are they all wrong?

[The Attorney General]

The question of whether in law the Government can act in this way is very simply answered: yes, they can. The question of whether they should is one for political debate, not legal argument. The hon. Lady may not like that answer, but it is one that is founded on a robust legal footing by the supremacy of Parliament, elucidated by Dicey and confirmed by a unanimous Supreme Court in Miller.

[Ellie Reeves]

I have listened to what the Attorney General has said and I do not think that she has really answered the question. As a barrister, she knows full well the role of the Government Law Officers; they must uphold the rule of law without fear or favour. As her political hero, Margaret Thatcher, once said:

“In order to be considered truly free, countries must…have…an abiding respect for the rule of law.”

Yet there is a universal view among those who look to the Attorney General to defend the rule of law that she has betrayed them, so could she tell the House what she has done to defend the rule of law in the face of the Government’s breach?