Withdrawal Agreement: Legal Position

Debate between Geoffrey Cox and Jim McMahon

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

The purpose of the backstop is to give the people of Northern Ireland and the Republic the confidence of knowing that there will not be any retreat from the current integration that has taken place between them over the past 20 years. That is a solemn commitment that is in the interests of Northern Ireland, as well as the Republic of Ireland. The question is how to achieve it. In the interim before another solution is found, which I firmly believe we shall find, this is the solution that would pertain were we ever to have to use it. As to the Vienna convention, there is no provision in the Vienna convention that allows us to terminate a treaty that has no termination clause and that is plainly intended to subsist until another event takes place.

[Jim McMahon (Oldham West and Royton) (Lab/Co-op)]

I hoped today that we would have clarity of thought and calmness of expression, so that we would be all informed on the matter on which we are due to vote next week. I can say that we have not had that. We have had bluster; we have had posturing; and we have had a very clear contradiction. On the one hand we are told that there is nothing to see here, but on the other hand we are told that it would be against the public interest to release information. My question is this: if the House does not have confidence in the Attorney General to deliver the advice in the way that we think is needed, is there any route in the constitution, via the Leader of the House or elsewhere, for us to get alternative, independent legal advice straight to Parliament?

[The Attorney General]

I am very sorry the hon. Member feels that. If I have expressed myself intemperately it is simply because of the questions that I have been asked. I am trying to convey, obviously unsuccessfully, the fact that I am here to justify or to seek to defend this position only because I believe in the public interest. That is the reason why I am saying what I am saying. On all points of law on which I have been asked, I have given my best judgment, my fullest judgment and my starkest judgment about what the situation truly is—as I would give to anybody, including the Government. I assure him that that is the case. That is the complete and full truth. I have given, absolutely candidly, the legal views that I hold on this matter.