Oral Answers to Questions

Debate between Geoffrey Cox and Alex Chalk

Thursday 3rd October 2019 Commons Chamber

[The Attorney General]

I completely agree with both parts of my hon. Friend’s question. Plainly, the Law Officers’ convention is not a question of personal ownership by any particular Attorney General. It is a long-standing convention that protects all Governments on often extremely sensitive, complex and difficult subjects, sometimes affecting the most important interests of this country. Of course I agree that the Supreme Court’s judgment must be respected. It is final and binding as a matter of law, but it is peculiar to its circumstances.

[Alex Chalk (Cheltenham) (Con)]

Our courts are scrupulously impartial and independent. In the aftermath of the Supreme Court judgment, some unwise voices have suggested that we ought to move to some sort of US-style process of appointment. Does the Attorney General agree that that would be extremely unwise, and will he confirm that there is no prospect of Her Majesty’s Government proceeding down that route?

[The Attorney General]

My hon. Friend, as ever, from a background of practice in the law, feels, as I do, that those kinds of hearings—certainly US-style hearings—would be a regrettable step for us in our constitutional arrangements. The Government have no current plans to do so, but it is fair to say that the implications of the judgment and the continuing development of our constitutional arrangements will no doubt receive, properly, the intense scrutiny of this House.

Withdrawal Agreement: Legal Position

Debate between Geoffrey Cox and Alex Chalk

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

I am afraid I cannot disclose the latter without committing the very sin that I am trying to prevent. Does the hon. Gentleman ask me whether I regret that? Let me be frank: yes, I do. We should have opposed the motion—of course we should have. We should have voted against it. All I can say is that if we had lost on a contested vote, we would be in exactly the same position as we are now in.

[Alex Chalk (Cheltenham) (Con)]

If we found ourselves in the backstop, we might seek to argue that the European Union had not acted in good faith and had not used best endeavours. Who would appoint the body that would adjudicate on that dispute, and how could we be satisfied that we were going to get a fair hearing?

[The Attorney General]

The governance provisions, set out between articles 167 and 181, provide for 25 independent arbitrators, who are not members of any member state of the European Union or belong to the United Kingdom, to be appointed by both sides as a panel from which an arbitral tribunal can be selected. Ten are to be proposed by the United Kingdom and 10 by the European Union. Five chairmen are then to be proposed by each. If the parties are unable to agree, when a tribunal is formed two are appointed by the UK and two are appointed by the EU. Those four then choose the chairman. If they are unable to decide on a chairman, the permanent court of arbitration will appoint by lot.