Legal Advice: Prorogation

Debate between Geoffrey Cox and Helen Goodman

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

I do not believe that it is taxable, but if my right hon. Friend will permit me, I would need to look into it, and if she wishes, I will certainly write to her on the subject.

[Helen Goodman (Bishop Auckland) (Lab)]

Earlier this morning, the Attorney General set out again his long-held views about why publishing his advice is not a good idea, so has he requested a leak inquiry to discover who gave documents to Sky News last night? If he has not, is that because he is worried it will unmask machinations in No. 10?

[The Attorney General]

They are not just my long-standing views, as I know the hon. Lady will accept; they are the long-standing views of successive Attorneys General of all Governments over many, many years. As to her second question, I am not aware whether there is a leak inquiry, but these days, I am so used to the porousness of Government that, frankly, I use Cabinet to advertise whenever there is some particular cause that I want to espouse. The reality is that this Government and this Parliament are in a position where we need to go to the electorate, and I urge her to support that as soon as possible, because the only morally right thing to do is subject these debates to the public again.

Withdrawal Agreement: Legal Opinion

Debate between Geoffrey Cox and Helen Goodman

1st reading: House of Commons
Tuesday 12th March 2019 Commons Chamber

[The Attorney General]

First, may I say to my right hon. Friend that I am extremely grateful for the dialogue that we have had and he was, in no small part, the author of the seeds of this idea. Much of the material that he and other distinguished lawyers have been able to contribute has led to the proposal that we have now adopted. But I say to him that the unilateral declaration in this case does not need to say “conditional” because it is not objected to by the Union and, if it is not objected to, and the withdrawal agreement is ratified by the Union, it becomes binding.

[Helen Goodman (Bishop Auckland) (Lab)]

I hope that the Attorney General can respond to me today without any reference to either his underwear or his genitalia. Last week, he said that we seek

“legally-binding changes to the backstop which ensure that it cannot be indefinite”.

Today, he says that the legal risk remains unchanged. All he is able to offer us is a new work schedule—a sort of glorified to do list. If, as he keeps saying, time is of the essence, has not the Prime Minister wasted the last two months?

[The Attorney General]

I will try to obey the hon. Lady’s strictures about comments that I have made before. May I say to her that that is not quite right? I have said that the legal risk is reduced. The legal risk of being held in the backstop by bad faith or by want of best endeavours has reduced. It has reduced because of significant improvements which, as I have said, set the context and benchmark for the enforceability of those important duties. But it is absolutely true, as she rightly says, that the risk of remaining in the backstop absent any fundamental change of circumstance, if no bad faith or if no want of best endeavours is present, remains the same.

Oral Answers to Questions

Debate between Geoffrey Cox and Helen Goodman

Thursday 7th March 2019 Commons Chamber

[The Attorney General (Mr Geoffrey Cox)]

I regularly meet ministerial colleagues to discuss important issues of common interest, including matters relating to the United Kingdom’s exit from the Union. I am unable, I am afraid, to talk about the legal content of those discussions because, as the hon. Member for Bishop Auckland (Helen Goodman) will know, the Law Officers are bound by the Law Officers’ convention to disclose neither the fact nor the content of that advice.

I remain committed to considering what assistance I personally can provide to this House on the legal implications of the backstop, to ensure that Members have what they need to make an informed decision. We have been engaging in focused, detailed and careful discussions with the Union, and we continue to seek legally binding changes to the backstop that ensure it cannot be indefinite. These discussions will be resumed shortly.

[Helen Goodman]

I am most grateful to the Attorney General for that very full reply. On 29 January, the Prime Minister told the House:

“What I am talking about is not a further exchange of letters but a significant and legally binding change to the withdrawal agreement...It will involve reopening the withdrawal agreement”.—[Official Report, 29 January 2019; Vol. 653, c. 678.]

Given the response that the Attorney General has had in Brussels and the remarks of the French Minister on the radio this morning, is it still Government policy to seek a reopening of the withdrawal agreement?

Oral Answers to Questions

Debate between Geoffrey Cox and Helen Goodman

Thursday 13th December 2018 Commons Chamber

[The Attorney General]

Of course, the corrosive effect of the disclosure of confidential advice is that in future Attorneys General will not be able, without risking and fearing its publication, to give frank and robust advice to the Cabinet or the Prime Minister when it is needed, with the point and emphasis that might be needed at that particular time. The risk if it is published is that it is taken out of context, parts of it are seized and plucked and dwelt upon, and the particular moment and context of the advice is ignored. I do think we need to look very carefully at the procedures of the House in this regard while paying due respect to the legitimate desire of the House to have all of the information that it requires.

[Helen Goodman (Bishop Auckland) (Lab)]

I think we all understand what the Attorney General’s preferences are in this matter. In response to my hon. Friend the Member for Torfaen (Nick Thomas-Symonds), he said that the advice in his letter to the Prime Minister was full and final. It is credible that it is the final legal advice, but it is not credible that it is the full legal advice. Is that seriously what the Attorney General wants us to believe?

[The Attorney General]

The request of the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) was for the final and full advice. As I understand it—I read what he said in Hansard—he requested all the final advice. In other words, he requested that it should not be summarised, and it was not. The House had all the final advice given to the Cabinet.

Withdrawal Agreement: Legal Position

Debate between Geoffrey Cox and Helen Goodman

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

I do agree with that; the duty of good faith is a very solemn, well-understood one in international law. It would be an astonishing thing if the EU were not to negotiate in good faith, particularly after the act of good faith that this country, in concluding this agreement, will have committed itself to. So this is not something that can simply be ignored, but I fully accept that it is not a unilateral right of termination and it would not be easy to establish “bad faith” against an organisation of the type of the EU. It would never happen, because I do not believe that the European Union would descend to the kind of behaviour necessary for a bad faith claim to be brought successfully.

[Helen Goodman (Bishop Auckland) (Lab)]

On 13 November, did the Attorney General advise the Chief Whip that Government Ministers should vote against the motion—and if not, why not?

[The Attorney General]

I only wish I had the influence that the hon. Lady believes I have. I did not advise the Chief Whip, and I do not suppose he would have taken the advice even if I had given it.

Sanctions and Anti-Money Laundering Bill [Lords]

Debate between Geoffrey Cox and Helen Goodman

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 1st May 2018 Commons Chamber

[Helen Goodman]

Of course the hon. Gentleman raises a worry, which has been expressed. My right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry) and I were in the United States a fortnight ago, when we met several members of the US Congress who are keen to crack down on Delaware, Nebraska and the other states there. Leading by example, which is what the last Administration did, is a way to make progress on this issue. I will come back to the international links later in my speech.

[Mr Geoffrey Cox (Torridge and West Devon) (Con)]

What does the hon. Lady say to the 50,000 or 60,000 inhabitants of the Cayman Islands, who were given a constitution in which the responsibility for the governance of their financial and economic affairs was solemnly conveyed to them by this Parliament? The measure she is supporting will require that constitution to be amended so that the section that conveys on them the power to make their own orders in these affairs will have to be removed. What does she say to them?

[Helen Goodman]

My understanding is that the position on the British overseas territories, as set out by a White Paper when the hon. Member for North West Norfolk (Sir Henry Bellingham) was a Foreign Office Minister, is that it is appropriate for this House to legislate for the Cayman Islands and the overseas territories if it is considered necessary. Given the long list of crimes, which I have just read out to the House, that are facilitated, it can be argued completely that when we are making changes in this respect, this is an international, foreign policy issue, as that is what we are talking about; we are talking about the financing of international crime and of terrorism. This is not like trying to intervene in street lighting or purely local matters. It simply has a completely different import for the world.