Oral Answers to Questions

Debate between Geoffrey Cox and Ian C. Lucas

Thursday 3rd October 2019 Commons Chamber

[Ian C. Lucas (Wrexham) (Lab)]

9. What recent discussions he has had with Cabinet colleagues on the implications for Government policy of the Supreme Court judgment of 24 September 2019 on the Prorogation of Parliament.

[The Attorney General (Mr Geoffrey Cox)]

I cannot comment on the content of Cabinet discussions but, as I told the House last week, the judgment sets out the definitive and final legal position on the advice given to Her Majesty on the Prorogation of Parliament. We are carefully and deliberatively considering the implications of that judgment. We need some time to do it, but a Queen’s Speech is necessary to bring forward a fresh legislative programme, and a short Prorogation, as announced yesterday, is necessary—we are advised to this effect by the parliamentary authorities—for the Queen’s Speech.

--- Later in debate ---

[The Attorney General]

I have been considering that question. I am still considering it. I have not reached a conclusion. When I have, I will make sure the hon. Lady is informed.

[Ian C. Lucas]

If the Attorney General believes in the law, can he confirm that he has discussed with the Prime Minister and the Chancellor of the Duchy of Lancaster the electoral offences committed by Vote Leave?

[The Attorney General]

May I tell the hon. Gentleman that I do believe in the law and I have spent 37 years of my life adhering to those professional values? As for the advice I may or may not have given to any member of the Government, he will know I am bound by the convention. I cannot tell him whether I have. I understand the purport of his question, and I do not criticise him for it in the least, but I regret that I cannot help him as to the content of any advice I have given.

Legal Advice: Prorogation

Debate between Geoffrey Cox and Ian C. Lucas

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

If the Prime Minister had wished to prevent this House from debating Brexit, he would have prorogued it from 5 September to 14 October. Is the hon. Gentleman seriously suggesting that the Government were blind to the possibility that in the first few days of resumption after 4 September it was not possible that exactly what happened would happen? If we had wished to close down all debate and prevent the option of legislation, which was ultimately taken by this House with the consent of Mr Speaker, we could have prorogued it from the 5th, but we did not. Furthermore, from 14 October there would have been two and a half more weeks for this House to act. With respect, all this talk about a coup is just nonsense—inflamed political tripe, invented and inflated so that this gang can justify clinging to the Opposition green Benches for another few undeserved weeks. That is what it is all about.

[Ian C. Lucas (Wrexham) (Lab)]

The authors of this failed political trick—the Prime Minister and Dominic Cummings—have form in treating Parliament with contempt. What is truly contemptible and cowardly is Dominic Cummings, who refuses to give evidence to a Select Committee and has been found in contempt of Parliament, hiding behind the skirts of the Prime Minister. The Prime Minister is supporting an individual who works for the Government but who will not give evidence to a Select Committee. Does the Attorney General think that that is a respectable position?

[The Attorney General]

I am not sure that that is a question for the Attorney General. I am sure the hon. Gentleman can find somebody who is able to deal with it better than I could, but what I will say is that attacking people who cannot answer for themselves in this House is not appropriate and I would not choose to do it myself.

United Kingdom’s Withdrawal from the European Union

Debate between Geoffrey Cox and Ian C. Lucas

Friday 29th March 2019 Commons Chamber

[The Attorney General]

I will not give way now, but I will give way to Members in due course. I want to set out the choice before the House.

As the motion acknowledges, the political declaration is open to change. The Union has accepted that it is open to negotiating change and that it will consent to discuss it, and so the House is undergoing a process at the moment of seeing whether a stable majority can be found for any political solution for the future. Of course, the Government respect that process: they acknowledge that it is continuing and they accept therefore that further steps will be necessary to approve the political declaration in this House.

This House will have to ratify not only the withdrawal agreement, but the political declaration. So the Government will give consideration as to precisely how the full package will be approved with the political declaration. One option will be to introduce the EU withdrawal implementation agreement Bill before this House. If this agreement is approved today, the Government will introduce the Bill within the next few days.

[Ian C. Lucas (Wrexham) (Lab)]

I am grateful to the Attorney General for giving way. Does he agree with me that the motion today flatly contradicts the European Union (Withdrawal) Act 2018, which specifically provides that both the political declaration and the withdrawal agreement must be in place before we comply with the Act?

[The Attorney General]

As the motion notes, this is not purporting to be a section 13(1) vote. This is simply designed to afford the House the chance of taking advantage of the legal right established by the Council decision. It is not a vote under section 13. There is nothing unlawful and certainly nothing procedurally improper about it. It is done to afford the House this chance.

Withdrawal Agreement: Legal Position

Debate between Geoffrey Cox and Ian C. Lucas

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

My hon. Friend must understand that we cannot look at this simply as a question of the traffic of goods between the Republic and Northern Ireland. The stated objectives are to protect in all its dimensions the integration that has taken place between Northern Ireland and the Republic—in health treatment, in education, in cultural activities—and all these activities are to be protected. The Government of the United Kingdom have made a solemn and good faith pledge to the Republic of Ireland and to the European Union that they will preserve that integration in the interests of the people of Northern Ireland. What we have to do is find a way of doing so that is consistent with the interests of the Union and of the United Kingdom. The backstop is a temporary solution. We will find another, and it will not, except by the consent of the Stormont institutions, have the same problems that the backstop has.

[Ian C. Lucas (Wrexham) (Lab)]

What is the Attorney General’s authority for the proposition that the opinion of a single Member of Parliament, however eminent, can override a decision made by the House of Commons?

[The Attorney General]

I think I have made it plain that I am not seeking to suppose that I can override the decision of the House of Commons. The House has at its disposal—[Interruption.] Hear me out. The House has at its disposal the means by which to enforce its will. It can bring forward a motion of contempt, seek to have that motion passed and seek, through the Committee of Privileges or whichever way it is appropriately done, to impose a sanction. I fully accept that. I do not set myself up contrary to the House; I simply say that I cannot compromise the public interest, and if I had my personal desire—

[Ian C. Lucas]

indicated dissent.

[The Attorney General]

The hon. Gentleman is shaking his head. Why would he not believe me? Does he think I want to be in this position? Does he really think that if there were not some fundamental bar of principle against my disclosing anything I might have given to the Government, I would not immediately volunteer it to him and all hon. Members opposite? I am only doing it to protect us.