Legal Advice: Prorogation

Debate between Geoffrey Cox and Deidre Brock

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

The law in relation to the referendum is that it was not binding upon this Parliament. It was binding in every moral sense upon those who promised the British people that it would be implemented, but it was not binding as a matter of law.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

The Attorney General excuses recent comments by Members of this House as simply the expression of robust critical views, but would he agree that in fact those who have been arguing recently that Brexit would give back control to the UK courts and the UK Parliament have now completely U-turned and are actively working to undermine those institutions?

Oral Answers to Questions

Debate between Geoffrey Cox and Deidre Brock

Thursday 7th March 2019 Commons Chamber

[The Attorney General]

The hon. Gentleman is labouring under a misconception. I am not appearing before any star chamber, either on this side of the House or the other. The star chamber I am appearing in front of is this House. I will account to this House. I am not going to be appearing in front of any star chamber, although it is composed, as I say, of exceptionally distinguished people. Any Member of this House can come and see me if they like and I shall account to this House. I say to the hon. Gentleman: do not grieve because I shall, I assure him, be wholly open about my advice. He asks me whether I will commit to publishing it. I will commit now to saying to this House that I shall publish my legal opinion on any document that is produced and negotiated with the Union.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

6. What recent assessment he has made of the effect of the UK leaving the EU on his Office’s priorities.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

10. What recent assessment he has made of the effect of the UK leaving the EU on his Office’s priorities.

--- Later in debate ---

[Deidre Brock]

I will attempt to be pithy, Mr Speaker. We now know that the Department for Transport’s botched tendering process for ferry contracts has already cost the taxpayer £33 million to settle legal action. Will the Attorney General tell us whether similar tendering processes across Government could mean further litigation, and how much public money has been set aside for the contingency of such court action?

[The Attorney General]

The hon. Lady knows that she is asking me questions that belong to the Department for Transport, not to me. These matters do not come to the Law Officers unless they have a Law Officers’ point, so the reality is that I am afraid I must direct her to my right hon. Friend the Secretary of State for Transport.

Oral Answers to Questions

Debate between Geoffrey Cox and Deidre Brock

Thursday 13th December 2018 Commons Chamber

[The Attorney General]

As I have just said, I will of course consider what assistance the House might require. Indeed, I shall listen carefully to the House on any changes that are introduced to the withdrawal agreement and on what the Government should do about publishing legal opinion on it.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

3. What assessment he has made of the potential effect of the UK leaving the EU on the protection of human rights.

[The Attorney General (Mr Geoffrey Cox)]

The United Kingdom has a long tradition of ensuring that rights and liberties are protected domestically, and of fulfilling its international human rights obligations. The decision to leave the European Union does not change this.

[Deidre Brock]

I am proud to say that the Scottish Government announced plans this week to introduce a new statutory human rights framework across Scotland. That will help to ensure that Brexit does not lead to an erosion of human rights in Scotland, while enshrining rights already included in the United Nations treaties. Will the Attorney General join me in welcoming this progressive step? Will he also confirm what measures he will be recommending to his own Cabinet colleagues to ensure that human rights are protected in the event of Brexit?

[The Attorney General]

I am always interested to see the measures that are being introduced in the Scottish legal system, because Scotland has a sophisticated and highly effective administration of justice for which I have the greatest respect. Indeed, we can learn a good deal from Scotland in that regard; the same applies to both traditions on both sides of the border. In England and Wales, we are fully committed to the human rights framework of the European convention on human rights, and we have a proud common law tradition of defending those rights. I would expect that common law tradition to continue to evolve, and I would expect that the courts of this country, freed from the European Union, will start to develop their own jurisprudence, making even more effective the protection of those rights. However, I will look at what the hon. Lady has spoken of today with the greatest interest.