Oral Answers to Questions

Debate between Geoffrey Cox and John Bercow

Thursday 3rd October 2019 Commons Chamber

[The Attorney General (Mr Geoffrey Cox)]

The priorities of my office are set out in the published business plan for this year, but on the UK’s withdrawal—I beg your pardon, Mr Speaker, I am answering the wrong question. I also beg the hon. Gentleman’s pardon—[Interruption.] Nobody noticed probably, the answers being the same. I can only plead that I am getting your cold, Mr Speaker, and was up far too late this morning.

Again, I am not going to comment in detail on the content of Cabinet discussions, but the Supreme Court judgment undoubtedly represents a significant development in our constitutional arrangements. As I said the other day, it is important to take stock of the implications of that judgment not in the immediate aftermath of a ruling, but deliberately, carefully and thoughtfully. We should not jump to hasty conclusions. The UK’s exit from the EU will have profound ramifications for our constitutional arrangements. As I have said many times, I think that requires a coherent, careful examination, possibly through some formal channel, of the means by which we are to be governed after we leave the European Union. I am not enthusiastic about the prospect of parliamentary scrutiny of judicial appointments and, as I said in answer to an earlier question, the Government have no current plans to introduce such an appointment system.

[Mr Speaker]

I am glad that the Attorney General eventually reached the matter of judicial appointments. That was very reassuring, not least for the hon. Member for Linlithgow and East Falkirk (Martyn Day).

[Martyn Day]

I am grateful for the Attorney General’s answer, and I heard his response to the previous question, but can he categorically rule out any changes that could result in a political appointment system, as I think that is an important point?

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[The Attorney General]

Certainly not. I stand by every one of them. When this Parliament assumes its responsibilities to pass a withdrawal agreement, then I might reconsider them, but certainly not at the moment. We may soon have a chance to assume those responsibilities if we can get a deal from the European Union. I hope then to see the hon. Lady vote for it.

[Mr Speaker]

Some of us, however, will stand up for Parliament at all times. I completely respect the right of the Attorney General to his view. This Parliament is entirely legitimate. It is doing its work, it should be expected to do so and no amount of cheap abuse, calumny and vituperation directed at this Parliament will stop it doing its job. That is the way it is, that is the way it will continue to be, that is the way it has to be.

[Chris Bryant (Rhondda) (Lab)]

May I ask about extradition? Obviously we in this country rely on being able to extradite people from other countries in Europe to face justice in this country. We have relied on the European arrest warrant but, as I understand it, four or five countries in the European Union have now stated categorically that, if there is no deal, they will not extradite to the UK. How will we make sure that we get people to face justice in this country?

Legal Advice: Prorogation

Debate between Geoffrey Cox and John Bercow

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

I do not know whether in the hon. Gentleman’s practice at the Bar he felt that just because he had given advice that might not have been upheld by a court he had no credibility. That is an absurd and ridiculous proposition. Furthermore, it was advice that was agreed with by the first instance court in Scotland and by the Lord Chief Justice of England. Is the hon. Gentleman calling for his resignation as well? Is he calling for the resignation of the Master of the Rolls? Is he calling for the resignation of the President of the Queen’s bench division? Is he calling for the resignation of Lord Doherty? [Interruption.]

[Mr Speaker]

Order. If the Attorney General could resume his seat momentarily, I should be deeply obliged to him. The Attorney General has a distinctive and resonant baritone, which is well known throughout the House, but it is a challenge even for him to be fully heard if there is constant catcalling. There will be ample opportunity for colleagues to question and probe the Attorney General—of that they may be assured—but I wish myself to listen to his mellifluous tones.

[The Attorney General]

I will say one thing for the Scottish National party and the hon. and learned Member for Edinburgh South West (Joanna Cherry) if I may. Whereas in the hon. Gentleman’s case, no shameless piece of cynical opportunism is left on the floor, the hon. and learned Lady is a lawyer and a Queen’s counsel, and she knows that it is the most puerile and infantile of criticisms to say about a lawyer whose advice has been upheld by courts right the way up to the Supreme Court that somehow or other he should be held culpable for that advice. The fact of the matter is that this advice was sound advice at the time. The court of last resort ultimately disagreed with it, but in doing so it made new law, as it was entirely entitled to do.

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[The Attorney General]

Let me say to my right hon. Friend that the Supreme Court invoked the principle of parliamentary sovereignty and the convention of ministerial accountability to Parliament as a justification for making justiciable the decision to prorogue. That is what it was entitled to do, and it effectively amounts to converting a political convention into a legal rule. That, traditionally, was not thought to be possible; the Supreme Court has decided that it is, and I certainly do not in any way complain with its right to do so. I agree that Parliament has to determine the terms on which we leave, but this Parliament has declined three times to pass a withdrawal Act to which the Opposition had absolutely no objection. [Interruption.]

[Mr Speaker]

Order.

[The Attorney General]

We now have a wide number in this House setting their face against leaving at all. When this Government draw the only logical inference from that position, which is that we must leave therefore without any deal at all, they still sets their face, denying the electorate the chance of having their say in how this matter should be resolved. This Parliament is a dead Parliament. It should no longer sit. It has no moral right to sit on these green Benches, and whatever—[Interruption.]

[Mr Speaker]

Order. The House must come to order. We have a lot of business to transact: there is a further urgent question and there are no fewer, I say for the benefit of those observing, than five ministerial statements. The Attorney General must be heard, and so, I hope, will lots of other people.

[The Attorney General]

They don’t like to hear it, Mr Speaker. They don’t like the truth. Twice they have been asked to let the electorate decide whether they should continue to sit in their seats, while they block 17.4 million people’s votes. This Parliament is a disgrace. Given the opportunity—[Interruption.] Since I am asked, let me tell them the truth. They could vote no confidence at any time, but they are too cowardly to give it a go. They could agree to a motion to allow this House to dissolve, but they are to cowardly to give it a go. This Parliament should have the courage to face the electorate, but it won’t, because so many of them are really all about preventing us from leaving the European Union at all. But the time is coming, Mr Speaker, when even these turkeys won’t be able to prevent Christmas.

[The Attorney General]

All I am suggesting to the right hon. Gentleman is that he give his constituents the chance to elect him again. [Interruption.]

[Mr Speaker]

Order. I say to the hon. Member for Kingston upon Hull East (Karl Turner) that, as a result of my prodigious efforts last week, audiences in New York, Boston and Zurich are now aware that he is the noisiest Member of the House. I always enjoy listening to him, but preferably when he is on his feet rather than in his seat.

[The Attorney General]

If the right hon. Member for Delyn (David Hanson) is so confident that his electorate will consider that his moral right to sit here is so strong, why does he not submit it to them now? All we need—I offer this to the Labour Front Bench—is a one-line Bill, which we could put through with Mr Speaker’s help, to fix the date of a general election by a simple majority, and we could have the election. Why does he not tell his Front Bench to put his confidence in his constituents to the test?

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[The Attorney General]

I know that my right hon. Friend knows that, when it comes to the judges—though not to this shower on the Opposition Benches—I want to be, if I can, respectful and careful. It is important that we understand that these judges are protectors of all our freedoms and all our rights—

[Mr Speaker]

Order. I do not normally offer stylistic advice to the Attorney General, but his tendency to perambulate while orating is disagreeable to the House. He should face the House with confidence and assurance, and an acknowledgement that the House wishes to hear his every utterance.

[The Attorney General]

I wonder if you, Mr Speaker, in a well-earned retirement, would like to give lessons to Front Benchers. It could be the beginnings of a new and very glorious—or even more glorious—career.

I have now lost my thread entirely—

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[The Attorney General]

I am very sorry but I did not hear a word of that.

[Mr Speaker]

There was a very unattractive rant fest taking place between hon. Members on opposite sides of the House, gesticulating aggressively at each other. It is a very undesirable state of affairs. Let us have a bit of calm and have the question again and the answer, but we want to proceed very quickly.

[Jeremy Lefroy]

You are most generous to hear me again, Mr Speaker. Does my right hon. and learned Friend agree that if Her Majesty’s Government wish to push their prerogative powers to the very limit, as they are entitled, if perhaps not always well advised, to do, the kind of consequences we have seen in the past few days are inevitable?

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[Mr Speaker]

It is open to the Attorney General to respond if he wishes, although he is not obliged to do so.

[The Attorney General]

If I have given offence, I certainly did not mean to. It is an old saying at the Bar, which simply relates to a cross-examination technique of asking a question that presumes the premise. It is the way in which we were taught. If I have given offence, I apologise.

[Mr Speaker]

I thank the Attorney General for responding. It is a matter of extreme sensitivity and it is incredibly important that we are sensitive to the wider implications and interpretation of what we say. Society’s mores change and sometimes one can find that things that one has freely said in the past without causing offence can no longer be said without causing offence, but each Member must make his or her own judgment. The Attorney General made his and he has said what he has said. I thank him for that.

Oral Answers to Questions

Debate between Geoffrey Cox and John Bercow

Thursday 23rd May 2019 Commons Chamber

[The Attorney General]

I admire the hon. Gentleman’s passion, and I am sure it is entirely well grounded and sincere. The Crown Prosecution Service applies the code of conduct for prosecutors. In those circumstances, it is completely right that it does so impartially. I do not know the case to which he refers but, if he writes to me, I am certainly willing to look into it. Question 6 is on the abuse and harassment of Members of this House and the other place, and I hope we can both agree that any such abuse and harassment is deplorable and contemptible, and is an attack upon democracy.

[Mr Speaker]

Finally, and briefly, Mr Jim Cunningham.

[Mr Jim Cunningham (Coventry South) (Lab)]

9. What recent discussions he has had with the Director of Public Prosecutions on ensuring more effective prosecutions of cases of (a) rape and (b) other sexual offences where the victims are involved in criminal gangs.

Oral Answers to Questions

Debate between Geoffrey Cox and John Bercow

Thursday 11th April 2019 Commons Chamber

[Mr Speaker]

Including electoral rights and possibly the rights of candidates. I feel sure that was implicit in the right hon. Gentleman’s inquiry. I am merely rendering it explicit for him.

[The Attorney General]

To answer the question, as amended, I quite understand my right hon. Friend’s frustration. To the outsider, it does not look sensible for us to be holding European elections when the entire country is expecting us to move on, leave the European Union and fulfil the commitments of both major parties at the last general election. However, we are under a legal obligation to do so while we remain a member of the European Union. There is a single, simple answer to this question: let us ratify the withdrawal agreement and we are out.

United Kingdom’s Withdrawal from the European Union

Debate between Geoffrey Cox and John Bercow

Friday 29th March 2019 Commons Chamber

[Mr Speaker]

I am grateful to the hon. Gentleman, but that does not require adjudication by the Chair. The Attorney General will have heard the point of order and it is open to him to respond to it or not, as he thinks fit.

[The Attorney General]

I will take interventions. I did not refuse the hon. Gentleman’s; I was just asking whether he would be patient. Let me deal with his point now. The Government were considering asking that the indicative votes process continue this morning, so that we could have brought a motion this afternoon or this evening. That is exactly what the thinking was. There is no desire on the part of this Government to interfere with the process that the House is currently undergoing—on the contrary, the motion acknowledges it and notes it. I will come to it, if I may, in due course.

The minimum necessary to secure our legal right to an extension, therefore, is that this withdrawal agreement be approved. All negotiated exits that any Member of this House might conjecture or dream of will require this withdrawal agreement. Therefore the House has before it a clear choice this morning: it can either approve this withdrawal agreement, knowing that by doing so it secures its right to an extension; or it can decline to do so and know, in doing that, that by next week there will be no right to an extension, that any extension applied for will require some clear indication of the pathway forward and a stable majority behind it, and, thirdly, that it will be subject to the veto of those 27 member states.

That brings me to the motion before the House. This motion sets out clearly that it is not a meaningful vote pursuant to section 13(1)(b) of the Act. It is designed solely to give the opportunity to this House of taking advantage of the right that we have in international law. Indeed, it could not be a vote under section 13(1)(b) precisely because, Mr Speaker, you have ruled—a ruling that the Government fully respect—that a meaningful vote cannot be brought back while it poses the same or substantially the same question to this House.

Therefore, this motion has been designed to comply with your ruling, Mr Speaker, and in complying with that ruling, it cannot comply with the requirements of section 13 of the withdrawal Act. We put before the House the choice that the House faces today. What this choice will bring is certainty to thousands of businesses and millions of individual citizens throughout this country and to 1 million citizens of our country residing in the European Union. That is a not inconsiderable benefit. That certainty will be because, by taking the step of approving the withdrawal agreement today, the House will set out a clear and certain pathway to our departure from the European Union.

Let me come now to the political declaration.

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[Sir William Cash (Stone) (Con)]

On a point of order, Mr Speaker. I am seeking to catch the attention of the Attorney General, and wondered whether he might have a loss of hearing or something.

[Mr Speaker]

In my experience, the hon. Gentleman is both noticeable and audible.

[The Attorney General]

I will give way to my hon. Friend the Member for Stone (Sir William Cash), but let me complete my remarks on the political declaration. The process is being undergone by the House at the moment. The Government recognise that process and will in due course make decisions on how and if we can implement anything that might emerge from that. The whole point of the political declaration is that it cannot be negotiated with the European Union now.

What the Government are saying—and some amendments were tabled, I think, by the hon. Member for Stoke-on-Trent Central (Gareth Snell)—in connection with the next stage of the political declaration and its negotiation with the European Union is that there will be new mechanisms and new procedures so that the House can be properly consulted and have a role in the manner in which the political declaration, once it is finalised in the House, will be negotiated in that second stage. I can say to the hon. Member for Stoke-on-Trent Central—I shall give way to him in a moment—that the Government would have accepted the amendments that he tabled, with others standing in his name.

Sittings of the House (29 March)

Debate between Geoffrey Cox and John Bercow

Thursday 28th March 2019 Commons Chamber

[Mr Speaker]

The Attorney General can offer an assurance on that front. I know that he is satisfied, but it is for him to say.

[The Attorney General (Mr Geoffrey Cox)]

Further to that point of order, Mr Speaker. May I say on the proposal the Government are making that when the House listens to the rationale behind it and hears the full context of it, I am sure the House will accept that it is not only perfectly lawful and perfectly sensible, but designed to give this House the opportunity of availing itself of a right that the European Union has given us to avail ourselves of an extension until 22 May. The view of the Government is simply that we could not let the time limit expire at 11 pm tomorrow without allowing this House the opportunity to avail itself of that right, and it is perfectly reasonable and perfectly lawful.

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[The Attorney General]

indicated dissent.

[Mr Speaker]

For the record I can say that the Attorney General is shaking his head, and he dissents from the hon. Lady’s proposition. Forgive me, because I think the House will want to move on, but I hope she will accept it if I say that that is a political point. It is an important point, and I am not knocking it in any way, but it is not germane to the remit of the Chair, nor—if I may politely say so—is it material to the sittings of the House motion with which we are now dealing.

[Mr Speaker]

I must say to people listening that I am mightily glad that the right hon. Gentleman was not asking me to adjudicate on that. It is very helpful that he has excused me from any responsibility. I do not sense that the Attorney General, who is comfortably seated on the Government Front Bench, is looking to come to the Dispatch Box, or indeed that the Leader of the House is inclined to do so. I think I can safely say—I do not think I will be accused of disclosing a state secret—that as things stand the Attorney General is intending to declaim from the Dispatch Box tomorrow.

[The Attorney General]

Further to that point of order, Mr Speaker. I rise out of respect for the right hon. Member for Leeds Central (Hilary Benn). This is clearly a matter that I shall address tomorrow morning in full. It requires serious consideration, as virtually everything the right hon. Gentleman says in this House is entitled to. I will address that point in full tomorrow.

[Mr Speaker]

Colleagues, the motion has been tabled, moved and spoken to in a perfectly orderly way. I suggest that we now hear from the shadow Leader of the House.

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[Mr Speaker]

The shadow Leader of the House can answer for herself, but I simply say to the hon. Lady that if she is referring to the motion for tomorrow’s debate, that motion certainly was not in the Table Office at 4 o’clock, as far as I am aware. I discussed the matter with the Attorney General, and I can assure her that it certainly was not there at that time, or absolutely not in anywhere near its final form. I think I am quite clear about that. As to the sittings motion, that is a different matter.

[The Attorney General]

Further to that point of order, Mr Speaker. I rise out of respect to those asking questions about why the motion was late. I do apologise to the hon. Member for Walsall South (Valerie Vaz)—I was anxious to get it to her and to others as soon as I could—but I was particularly concerned that the motion should comply with your ruling, Mr Speaker. Therefore—I hope you will permit me to divulge this—as a result of some discussion with you, I am afraid that it was concluded only shortly before the time we came into the House. [Interruption.] Well, I cannot speak for that, but I say to the House that I am sorry it was late, but it was a matter that needed to comply with your important ruling, Mr Speaker.

[Mr Speaker]

These things are subject to change. There was a version of the motion earlier this afternoon. The Attorney General and I met, as is perfectly reasonable and proper, and then there was a later version. However, I am quite certain in my own mind that the motion was not in the Table Office at 4 o’clock, and I think that the shadow Leader of the House has been misrepresented, if I may politely say so.

Withdrawal Agreement: Legal Opinion

Debate between Geoffrey Cox and John Bercow

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

[The Attorney General (Mr Geoffrey Cox)]

With permission, Mr Speaker, I would like to make a statement about my legal opinion on the joint instrument and unilateral declaration concerning the withdrawal agreement published last night.

Last week, I confirmed I would publish my

“legal opinion on any document that is produced and negotiated with the Union.”—[Official Report, 7 March 2019; Vol. 655, c. 1112.]

That has now been laid before the House. This statement summarises the instruments and my opinion of their legal effect.

Last night in Strasbourg, the Prime Minister secured legally binding changes that strengthen and improve the withdrawal agreement and the political declaration. The Government laid three new documents reflecting those changes in the House: first, a joint legally binding instrument on the withdrawal agreement and the protocol on Northern Ireland; secondly, a unilateral declaration by the United Kingdom in relation to the operation of the Northern Ireland protocol; and thirdly, a joint statement to supplement the political declaration. The legal opinion I have provided to the House today focuses on the first two of those documents, which relate to the functioning of the backstop and the efforts of the parties that will be required to supersede it.

Let me say frankly what, in my opinion, these documents do not do. They are not about a situation where, despite the parties properly fulfilling the duties of good faith and best endeavours, they cannot reach an agreement on a future relationship. Such an event, in my opinion, is highly unlikely to occur, and it is in the interests of both the United Kingdom and the European Union to agree a future relationship as quickly as possible. Let me make it clear, however, that were such a situation to occur, the legal risk, as I set it out in my letter of 13 November, remains unchanged. The question for the House is whether in the light of these improvements, as a political judgment, it should now enter into those arrangements.

Let me move on to what the documents do achieve. As I set out in my opinion, the joint instrument puts the commitments in the letter from Presidents Tusk and Juncker of 14 January 2019 into a legally binding form, and provides, in addition, useful clarifications, amplifications of existing obligations, and some new obligations. The instrument confirms that the European Union cannot pursue an objective of trying to trap the UK in the backstop indefinitely. It makes explicit that that would constitute bad faith, which would be the basis of a formal dispute before an arbitration tribunal. That means, ultimately, that the protocol could be suspended if the European Union continued to breach its obligations.

The joint instrument also reflects the United Kingdom’s and the Union’s commitment to work to replace the backstop with alternative arrangements by December 2020, including as set out in the withdrawal agreement. Those commitments include establishing

“immediately following the ratification of the Withdrawal Agreement, a negotiating track for replacing the customs and regulatory alignment in goods elements of the protocol with alternative arrangements.”

If an agreement has not been concluded within one year of the UK’s withdrawal, efforts must be redoubled. [Laughter.]

[Mr Speaker]

Order.

[The Attorney General]

In my view, as a matter of law, the provisions relating to the timing of the efforts to be made in resolving withdrawal agreements make time of the essence in the negotiation of a subsequent agreement. A doctrine with which the lawyers in the House will be familiar is of legal relevance. In my opinion, the provisions of the joint instrument extend beyond mere interpretation of the withdrawal agreement, and represent materially new legal obligations and commitments which enhance its existing terms.

Let me now turn to the unilateral declaration. It records the United Kingdom’s position that, if it were not possible to conclude a subsequent agreement to replace the protocol because of a breach by the Union of its duty of good faith, it would be entitled to take measures to disapply the provisions of the protocol in accordance with the withdrawal agreement’s dispute resolution procedures and article 20, to which I have referred. There is no doubt, in my view, that the clarifications and amplified obligations contained in the joint statement and the unilateral declaration provide a substantive and binding reinforcement of the legal rights available to the UK in the event that the Union were to fail in its duties of good faith and best endeavours.

I have in this statement, and in the letter that I have published today, set out, frankly and candidly, my view of the legal effect of the new instruments that the Government have agreed with the Union. However, the matters of law affecting withdrawal can only inform what is essentially a political decision that each of us must make. This is a question not of the lawfulness of the Government’s action but of the prudence, as a matter of policy and political judgment, of entering into an international agreement on the terms proposed.

Oral Answers to Questions

Debate between Geoffrey Cox and John Bercow

Thursday 7th March 2019 Commons Chamber

[The Attorney General]

It is Government policy to achieve the necessary change in the backstop that will cause me to review and change my advice. That is Government policy; that is the subject of the discussions that we are having. I would say that it has come to be called “Cox’s codpiece”. What I am concerned to ensure is that what is inside the codpiece is in full working order.

[Mr Speaker]

Well! I hope everybody heard that. In the interests of the accessibility of our proceedings—in case anybody did not hear it—the right hon. and learned Gentleman referred to Cox’s codpiece. I have repeated it so that the alliterative quality is clear to all observers.

[Patrick Grady]

Thank you for that breather, Mr Speaker.

They say that the definition of insanity is repeating the same thing and expecting different results. Given that the Attorney General has not and will not be able to change a single word in this withdrawal agreement, how exactly would he describe the Government’s plans to put it to a vote again in this House next week?

European Union (Withdrawal) Act

Debate between Geoffrey Cox and John Bercow

Tuesday 15th January 2019 Commons Chamber

[The Attorney General (Mr Geoffrey Cox)]

I am extremely obliged to you for promoting me, Mr Speaker. Perhaps I can take that as a hint to my right hon. Friend the Prime Minister.

[Mr Speaker]

That was of course always part of the intention.

[The Attorney General]

I will suggest the next office you could perhaps promote me to, Mr Speaker.

I am more than conscious that last time I had a prolonged outing in this House the verdict did not go well. [Laughter.] On this occasion, I intend, if I may, to adopt an approach that I hope will be more to the House’s taste. I want to listen to the House’s views, and I shall be as accommodating as possible to the interventions of Members of this House, knowing as I do that many of them have very strong views upon this subject.

I have listened with care to the speeches of Members of this House during the course of last week’s proceedings, and I have been struck by the heartfelt and eloquent expressions of principled opinion that hon. Members have made. I was particularly struck, though I do not think he is in his place this morning, by the speech late last night—I commend you, Mr Speaker, and those who remained here until after 1 o’clock in the morning to complete yesterday’s proceedings—by the hon. Member for Gedling (Vernon Coaker). He waited, I think, until midnight or shortly thereafter to begin his speech, and made the most passionate appeal to Members of this House to understand the value of compromise. He told the House that the membership of this place confers on us not only the great privilege of participation in the Government but the responsibilities that go with it.

In the past, when this country has faced these kinds of grave obstacles and impediments to finding a way forward, Members of this place have found the resource within themselves to achieve a compromise and to subordinate their ideal preference—the solution that they would like to see—to that which commands a degree of consensus. It is precisely for that reason that I support the withdrawal agreement—not because I like every element of it but for wholly pragmatic reasons: it is the necessary means to secure our orderly departure and unlock our future outside the European Union.

Since 23 June 2016, we have been on a road that has led us ineluctably to this point. One after another, this House has taken the steps, often by overwhelming majorities, necessary to bring us to the brink of departure, and there are now but two steps to take. The first is this withdrawal agreement. It is the first of the two keys that will unlock our future outside the European Union. It is sometimes said in various circles, I understand, Mr Speaker, that if you are moving from one pressurised atmosphere or environment to another, it is necessary to have an airlock. This withdrawal agreement is the first key that will unlock the airlock and take us into the next stage, where the second key will be the permanent relationship treaty.

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[The Attorney General]

I am willing to discuss it with the hon. Gentleman later.

[Mr Speaker]

Order. The hon. Member for Kilmarnock and Loudoun (Alan Brown) is rather excitable today. The Attorney General yields to none in his courtesy in the House, but it is not reasonable to expect of him, even with his formidable intellect, the capacity to try to respond to an intervention that he has not heard when he is dealing with one that he has.

[The Attorney General]

I am happy to discuss the matter with the hon. Gentleman afterwards if he wishes.

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[The Attorney General]

I cannot resist giving way to the hon. Gentleman.

[Mr Speaker]

The Attorney General, as per usual, is addressing the House with a remarkable combination of the intellect of Einstein and the eloquence of Demosthenes. We are all enjoying it enormously— [Interruption.] Well, I am certainly enjoying it, but I hope he will not cavil if I gently remind him that 71 Members wish to contribute. I know he will tailor his contribution to take account of that important fact.

[Chris Bryant]

The Attorney General is making a good point, which a lot of us agree with—legal uncertainty is the worst possible outcome. That is why some of us are so angry that the vote was taken away from us in December. There is not a single chance of the Government getting the necessary legislation through by 29 March, even if the Attorney General were to get his way today. Can he confirm that if the vote is not won tonight, the Government will have to defer leaving the European Union on 29 March?

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[The Attorney General]

I wonder whether I might take the intervention of the hon. and learned Lady.

[Mr Speaker]

Order. In terms of good form, it is the norm for the Minister occupying the Bench or the Member making the speech to offer some response before taking a further intervention. It may be a perfunctory response, but that is the norm.

[The Attorney General]

I apologise, Mr Speaker. I wanted to take the interventions together. If the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) is referring, in relation to Northern Ireland, to the quota that is to be agreed by the Joint Committee for landing—

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[The Attorney General]

I must make progress.

I say to my hon. Friends, as I say to Opposition Members, the EU will have to set up entirely different legal and administrative systems in order to set up the customs union that is enshrined within the backstop, yet Britain will pay not one penny of contribution to those complex administrative and technical systems which the EU will, on their side alone, have to finance. How long does the House really think that the EU would wish to go on paying for a bespoke arrangement in which they are paying tens of millions of euros to sustain a customs union that is simply on their own admission a temporary arrangement?

But even if that was wrong, there are the regulatory provisions under the backstop. They are standard non-regression clauses. They exist in free trade agreements all around the world. They provide us with the ability, if we wish to take it, of being flexible about the means by which we achieve the outcomes because all they do is require us to maintain parity of standards with the position we had when we left the European Union. Therefore, it does give us regulatory flexibility if we wish to avail ourselves of it and the European Union is faced with not a penny being paid, with tariff-free access to the customs union, with not having to obey the regulatory law—

[Mr Speaker]

Order. I have been tolerant thus far and I enjoy enormously the performances of the right hon. and learned Gentleman, but this perambulation is very uncommon and irregular. The right hon. and learned Gentleman must face the House. We want to see him and to get directly the benefit of his mellifluous tones.

[The Attorney General]

You upbraid me entirely justly, Mr Speaker, and I apologise.

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[Mr Speaker]

The hon. Gentleman is, as always, trying to be helpful, although it was really a point of frustration. The fact is, as I have previously advised the House, that no fewer than 71 hon. and right hon. Members are seeking to catch my eye. There are notable constraints to which I do not wish to add, but of which I feel sure the Attorney General will take account.

[The Attorney General]

I set myself a clear time limit, but I am anxious—[Interruption.] You really cannot win. I am trying to take as many interventions as I can, and I will take that of the hon. Member for Streatham (Chuka Umunna).

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[The Attorney General]

The hon. Lady can eliminate a no deal today; all she has to do is to vote for this one. In reality, it is the height of irresponsibility for the Labour party, which claims to be a party of Government, to plunge millions of our citizens into legal uncertainty of that type because of a factitious, trumped-up basis of opposition, whereas the real strategy is to drive this Government and this House on to the rocks, and to create the maximum chaos and the conditions for a general election—[Interruption.] We know the game, I say—[Interruption.] It is as clear as day—[Interruption.]

[Mr Speaker]

Order. Zen—the House must calm itself. It is an early stage of our proceedings.

[The Attorney General]

I say to the House with the greatest respect, we must seize this opportunity now. This is the key—the first of two—by which we unlock our future outside the European Union. I believe that it is an exciting future. I believe that the opportunity for this House to hold the pen on 40% of our laws, from the environment through to agriculture and fishing, should excite us as an opportunity to do good in this country.

Let us not forget, however, that many outside this House as well as in it wish to frustrate the great end to which the people of this country committed us on 23 June 2016—17.4 million of them in hundreds of constituencies, regardless of party, voted to part company with a political structure that no longer commanded their assent. We should be deeply grateful, because in other ages and other places, such a moment could only have been achieved by means that all of us present would deplore—but we should not underestimate the significance of the moment because it was expressed peacefully by the ballot.

If we approve this agreement, we know that we shall leave the EU on 29 March in an orderly way, and can commence negotiation of the permanent treaties. This agreement and the accompanying political declaration are the two keys that unlock the demand of the electorate that we should repatriate control over vast areas of our laws that hitherto have been in the exclusive legislative competence of the EU. If we do not take that first step, history will judge us harshly, because we will be plunged into uncertainty.

If this vote fails today, those who wish to prevent our departure will seek to promote the conclusion that it is all too difficult and that the Government should ask the electorate to think again. That is why former Prime Ministers and their spin doctors, and all their great panjandrums of the past, are joining the chorus to condemn this deal, for they know that this deal is the key. There is no other. Destroy it—in some form or other, the only practicable deal—and the path to Brexit becomes shrouded in obscurity. If we should be so deceived as to permit that, when historians come to write of this moment, future ages would marvel that the huge repatriation of powers that this agreement entails—over immigration, fisheries, agriculture, the supremacy of our laws and courts—was rejected because somehow it did not seem enough and because of the Northern Ireland backstop.

Oral Answers to Questions

Debate between Geoffrey Cox and John Bercow

Thursday 13th December 2018 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

May I perhaps return to the question? [Interruption.] Does my right hon. and learned Friend agree that there is a real need to revisit the standard directions that judges give to juries in relation to the use of social media? Generally judges are well alert to the issue, but, as we know, there have been instances in which convictions have had to be set aside because juries have, in effect, researched the case outside the jury room using social media.

[Mr Speaker]

Order. For the avoidance of doubt, the previous exchanges were entirely orderly, and I would have ruled otherwise if they were not. That is the position, which, frankly, the Solicitor General ought to take to heart, and upon which he might usefully reflect. I will be the arbiter of what is orderly, not the hon. and learned Gentleman.

[The Attorney General]

The impact of social media on the integrity and fairness of the trial process is obviously of considerable importance, and we do need to grapple with it. As my hon. Friend knows, we have a call for evidence on social media, and I am currently studying the responses to it.

Withdrawal Agreement: Legal Position

Debate between Geoffrey Cox and John Bercow

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

First, let me say that the hon. Gentleman has far better than any advice I may or may not have given to the Government: he can ask me. All he has to do is ask and he will receive, because I will give him a frank answer. [Interruption.]

[Mr Speaker]

Order. I know the Attorney General is very well able to—[Interruption.] Order. Members must calm themselves. I know the Attorney General is very well able to look after himself, but I simply and gently counsel Members—gently, at this stage—not to yell from a sedentary position in that way. The right hon. and learned Gentleman would not, I am sure, be accustomed to such treatment in a court. If he were subject to it, I think the judge would take a very dim view. [Interruption.] Order. He is entitled to a courteous reception. As the House knows from experience, I will want to hear everyone who wishes to question him. But in the first instance, be calm and behave.

[The Attorney General]

It is very rare for the Attorney General to appear to answer questions in the House on matters of law. I am doing so, so that Opposition and Government Members can have a full, frank and thorough opportunity to ask me, as the Government’s chief legal adviser and as an adviser to the House on constitutional and legal matters, what our legal position is. I assure the House that if questions are asked, I shall answer them candidly.

The hon. Gentleman told me that I had not said anything about the subsistence of the Northern Ireland protocol. Let me make no bones about the Northern Ireland protocol: it will subsist. We are indefinitely committed to it if it comes into force. There is no point in my trying or the Government trying to disguise that fact. The truth, however, is this: what is the political imperative of either entering into it or not entering into it? That is a calculated equation of risk that each Member of this House is going to have to weigh up, and do so against different alternatives.

The hon. Gentleman also mentioned that I should answer whether other treaties are permanent. Hundreds of treaties throughout the world are permanent—treaties on borders, treaties on rivers; the Vienna convention has entire sections on permanent treaties. If the hon. Gentleman wants me to enumerate some, I will write to him with them—I am afraid I do not have them to hand. There is an entire section of the Vienna convention on permanent treaties. The question whether we have a right to terminate under the convention is a matter of construction. Let me make it plain: there is no such right to terminate if the Northern Ireland protocol comes into force. The question of how likely it is to remain in force is a political judgment to be based on factors largely relating, as I have said, to in whose interests it would be to remain in it for longest. [Interruption.]

[Mr Speaker]

I call Mr Kenneth Clarke—[Interruption.] Order. It is rather unseemly for people to yell out, “Is that it?” The Attorney General, to be fair, has given a very full response—[Interruption.] Order. Members can make of it what they will, but in any case, everybody should cheer up now, because we are about to hear from the Father of the House.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

Whether that will cheer people up or not, I have no idea.

First, I sincerely congratulate my right hon. and learned Friend the Attorney General on his masterly exposition of the facts and the law, which put paid to quite a lot of the paranoia and conspiracy theories that have been running around all too often in our European debate.

Secondly, does my right hon. and learned Friend accept that it was central to the Good Friday agreement—the Belfast agreement—that both sides committed themselves timelessly to an open border, and that will be all wrapped up if we ever move to the Northern Ireland protocol? It would be quite shameful if the European Union, the Republic of Ireland or the United Kingdom were given the right unilaterally to terminate that arrangement at a time of their political choosing, so this is perfectly sensible. Does he also agree that both the United Kingdom and the European Union will have reasons to hesitate before going into the protocol—they may prefer to extend the transition agreement—and that neither of the parties will have any political motive for staying indefinitely in that protocol?

In his exposition, I think my right hon. and learned Friend has done what he was trying to do: got rid of all these theories about the ECJ still being involved, as it obviously will have to be, in the rights of British citizens after we leave, and enabled the House to get back to the real political debate that we have to have in the next few days.

--- Later in debate ---

[The Attorney General]

I am grateful to the right hon. and learned Lady for that question. The truth is that I am caught in an acute clash of constitutional principle. A Minister is obliged to have regard to the public interest and the national interest. Let us suppose I had given any such advice that has been requested by the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), and let us suppose that that advice had covered all sorts of matters, including our relationships with foreign states and including arguments that might be deployed in the future—and their strengths and weaknesses—and including matters of acute importance to this country; would it be right for the Attorney General, regardless of the harm to the public interest, to divulge his opinion? I say to the right hon. and learned Lady that it would not. There is no procedure by which this House can have redactions or entertain circumstances in which it could weigh the competing public interest against the interest in disclosure, as a judge would do. She knows what I mean. Therefore, I cannot take a step that I firmly and truly believe would be contrary to the public interest. I ask the House to understand that it is only that consideration that is motivating me and this Government in declining at this stage to break the convention that applies to both sides of the House when they are in government. There is nothing to see here. [Interruption.]

[Mr Speaker]

Order. I gently appeal to colleagues to lower the decibel level. You do not have to look into—[Interruption.] Order, Mr Russell-Moyle. You do not have to look into the crystal ball when you can read the book. The evidence is that I always call colleagues to ask questions, and the Attorney General has indicated his readiness to take those questions, as indeed he must. So you will all get a chance, but please let the answers be heard.

[The Attorney General]

I ask the right hon. and learned Lady to accept that I will give this House a stark, uncompromising and completely frank view on any relevant point of law. I suggest that, if I had given advice, there would be no real significance in that advice being disclosed, because this House has the opportunity to ask me directly.

--- Later in debate ---

[The Attorney General]

I fully understand the hon. Lady’s understandable indignation, because the truth is that we are now in a curious situation in which no vote was passed against that motion. I ask her to reflect on this: let us suppose that the Government had voted against it and lost. What position would that place us in? It would place me in exactly—[Interruption.]

[Mr Speaker]

Order. The hon. Member for Bishop Auckland (Helen Goodman) has already asked her question, with considerable force and alacrity. She is now not only inclined to chunter from a sedentary position but seems to be laughing and in a state of some uncontrollable mirth. I advise her to control herself.

[The Attorney General]

If the vote had been lost instead, precisely the same position would pertain, which is that the Attorney General and the Government would be faced with a clash of constitutional principle. Of course the Government wish to do all they can, which is why I am here today to answer as candidly and frankly as possible the questions of the House on any matter about which it wishes to ask, but if I am satisfied and convinced that any disclosure of the kind the House has asked for would be contrary to the national interest, I cannot comply with the House’s request. I urge the House to understand that I am doing everything I can, as are the Government, to fulfil the spirit of the request. No matter upon which this House inquires will be dressed up, disguised or in any way downplayed. Nothing—nothing—will be held back.

--- Later in debate ---

[The Attorney General]

Well, it is very good of the House to attribute such importance to the Attorney General, but the reality is that, in terms of substantive effect, there are hundreds of lawyers who could give this opinion. [Interruption.] Let me finish.

[Mr Speaker]

Order. The hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) should not rant from a sedentary position. She asked her question with considerable force; let us hear the response.

[The Attorney General]

The Attorney General has a very special role when the lawfulness of the Government’s action is at stake. There, it is true, he occupies a central role, because if he says it is not lawful, the Government cannot act contrary to his advice. But in a case such as this, the essential question before us all is a political question, not a legal one.

--- Later in debate ---

[The Attorney General]

On all points of law about which this House has asked me, or any point arising from the withdrawal agreement, I will give the same view to any person who asks.

[Mr Speaker]

Order. I advise the House that 21 Back Benchers have questioned the Attorney General in 50 minutes. Believe me—I know these things, as I sit in this Chair for many hours and it is my privilege to do so—this is a much slower rate of progress than is customary. I appeal to colleagues to ask short questions and to the Attorney General, whose mellifluous tones I never tire of hearing, to be appropriately pithy in reply.

[Tom Brake (Carshalton and Wallington) (LD)]

Given the precedent set by Lord Goldsmith, whose legal statement was clearly spun and cherry-picked, without seeing the full legal Brexit advice, why should any MP here today believe that this statement is not similarly massaged and designed to bolster the Government’s position and deny MPs on both sides of the House full access to the legal advice that this House has demanded? I am afraid to say that the Attorney General has rather contemptuously and theatrically—as if he were performing “Rumpole of the Bailey”—dismissed us and refused to provide us with the advice.

--- Later in debate ---

[The Attorney General]

rose—

[Mr Speaker]

I invite the Attorney General to insert the question mark that I think the hon. Member for South Dorset (Richard Drax) might have intended.

[The Attorney General]

I was puzzled as to what I was to answer. I disagree with my hon. Friend. We will leave legally on 29 March. To get back, we would have to apply for accession under article 49. We will be in a fundamentally different position on 30 March, if we can get there—and we have to get there, because that will honour the verdict given by the British people on 23 June 2016. The best way of ensuring that we do that, whatever the unsatisfactory elements that I accept are involved in this deal, is to take the key to the door of the cell, and get out on 29 March. This deal is the best means of doing that.

--- Later in debate ---

[The Attorney General]

I had no discussions with the Chief Whip about the decision to vote or not to vote on this matter. I hope that answers the hon. Gentleman’s question. [Interruption.] Forgive me, Mr Speaker. If I have omitted part of the question, I wonder if the hon. Member could put it again.

[Mr Speaker]

Order. The Attorney General is perfectly at liberty to answer as he thinks fit. He looks quizzically. I say this only by way of interpretation: I think the hon. Gentleman asked whether the right hon. and learned Gentleman had conveyed his views about this matter, directly or indirectly, before the vote on the motion about which we have been speaking this evening. He indicated that he had not spoken or conveyed his views directly. I think the quizzical attitude related to whether there was any indirect communication.

[The Attorney General]

No.

[Mr Speaker]

Thank you.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

My current understanding is that if there is no deal, we will leave with no backstop on 29 March. If the EU and the Republic of Ireland have been content effectively to have a “leave without backstop with two years’ notice period” situation until now, what does the Attorney General think has changed that makes it unacceptable to them now? What does he consider their motivation for that to be? As an aside, can the Attorney General confirm that in extremis the Vienna convention can be used to allow treaties to be broken?

Points of Order

Debate between Geoffrey Cox and John Bercow

Monday 3rd December 2018 Commons Chamber

[Mr Speaker]

I am grateful to the hon. Gentleman for his point of order and for his characteristic courtesy in giving me advance notice of his intention to raise it—[Interruption.] I shall ignore the sedentary chuntering, which is undertaken for no obvious benefit or purpose. I have only just seen the letter to which the hon. Gentleman refers. I shall give it immediate attention when I leave the Chair. Having sat through these exchanges, I intend to come to a rapid decision, which I will convey to the House before it rises tonight, or, if that proves impossible, at the earliest opportunity tomorrow. I hope that that is helpful to colleagues.

[The Attorney General (Mr Geoffrey Cox)]

On a point of order, Mr Speaker. As I indicated during the course of the debate, I had concluded, and I think mentioned, that I will be writing to you this evening, setting out the Government’s proposals in connection with this matter. I wonder if I could invite you to consider that letter, as I am sure you will, in due course this evening.

[Mr Speaker]

Well, I await—[Interruption.] Order. I note what the Attorney General has said, and, of course, I shall be interested to see any letter that he chooses to send to me. It is important that this matter is dealt with in a timely fashion. That is a highly relevant consideration for me to take into account, but I have heard, with respect, what the right hon. and learned Gentleman has said, and I wait to see what emerges.

--- Later in debate ---

[Mr Speaker]

I feel sure that that will be so.

[The Attorney General]

indicated assent.

[Mr Speaker]

The Attorney General is nodding his assent to that proposition. Just to be clear, the hon. Gentleman is asking whether he can have sight of the Attorney General’s letter, and I think that the Attorney General is signalling that the answer to that is yes.

[The Attorney General]

indicated assent.

Oral Answers to Questions

Debate between Geoffrey Cox and John Bercow

Thursday 1st November 2018 Commons Chamber

[Mr Speaker]

It is a question that warrants an answer, but more particularly, if the Attorney General does get to his feet, we shall enjoy more of his baritone.

[The Attorney General]

I am most obliged, Mr Speaker. I am afraid that I did not quite catch my hon. Friend’s question, but if it referred to me in the video, I think that I am best taking the fifth amendment.

--- Later in debate ---

[The Attorney General]

I entirely confirm that. Victims are at the heart of everything that the CPS should be—and is—doing, and I agree with my hon. Friend about the appointment of Mr McGinty. I am most grateful to my hon. Friend the Member for Bromley (Robert Neill), who chairs the Justice Committee, for confirming that appointment, and I expect the appointment of Mr McGinty to lend considerable value as we move forward with important reforms in the governance of the CPS.

[Mr Speaker]

If the Attorney General is to refer to his hon. Friend, may I gently say that to exclude Chislehurst might cause some offence to the residents thereof?

[The Attorney General]

Mr Speaker, I put on record my profound apologies to Chislehurst.

Oral Answers to Questions

Debate between Geoffrey Cox and John Bercow

Thursday 6th September 2018 Commons Chamber

[The Attorney General (Mr Geoffrey Cox)]

rose—

[Mr Speaker]

I do apologise to the right hon. and learned Gentleman, but I think that the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) wishes to come in on Question 1 from the Front Bench.

--- Later in debate ---

[The Attorney General]

I repeat: the fact of the matter is that I did not say what the hon. Gentleman says I said. I objected on a constitutional ground that a devolved settlement was being overridden. I fully support the transparency policy of the Government, and if he looks more closely at Hansard—I can take him through it—he will see that I am right.

[Mr Speaker]

I call Will Quince—[Interruption.] I do beg the hon. Lady’s pardon; it is not personally directed at the hon. Member for Newport East (Jessica Morden).

Sanctions and Anti-Money Laundering Bill [Lords]

Debate between Geoffrey Cox and John Bercow

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

[Mr Cox]

On a point of order, Mr Speaker. As you know, at the conclusion of the debate on the amendments, I informed you that I wished to raise a point of order. I intervened on several occasions in the debate and I should have made it clear—as I would had you called me to speak—that I have on occasions practised in some of the Caribbean countries that formed the basis of our discussion in my capacity as a member of the Bar. I have done that for more than 20 years and I have a familiarity with those jurisdictions as a result.

The other matter I wish to raise is that before the commencement of the debate you informed us that you were not able to select the Government amendments. Can you clarify whether it was open to you to select those amendments, because you mentioned also that they had been submitted late? So that there should be no misunderstanding, especially outside the House, will you confirm that it would have been open to you, even though they were submitted late?

[Mr Speaker]

Yes. I do not wish to be unkind to the hon. and learned Gentleman, but—uncharacteristically for someone who is normally as fastidious and precise in his use of language and exegesis of what others say—he errs in quoting me. He said that I had indicated that I was not able to select the amendments. I accept that the error is inadvertent and not deliberate, but I never said that I was not able to select the amendments. I said at the outset that I had decided not to use my discretion to select the late starred new clauses and amendments from the Government, which were tabled yesterday afternoon and appeared in print for the first time only this morning. I absolutely accept that I have discretion in the matter, and I used that discretion as I thought right.

As for the other part of the hon. and learned Gentleman’s point of order, he was being most courteous in advising the House of that matter, but—and I do not mean this in any sense discourteously—I think it would be true to say that he was more interested in what he had to say to me and to the House than anything that I might have to say to him on the subject. He has made his point with force and clarity and I thank him for doing so.

Investigatory Powers Bill

Debate between Geoffrey Cox and John Bercow

Report: 1st sitting: House of Commons
Monday 6th June 2016 Commons Chamber

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

rose—

[Mr Speaker]

I will call Mr Cox briefly, but I wish to call the Minister no later than 10.50 pm.

Personal Statement

Debate between Geoffrey Cox and John Bercow

Thursday 4th February 2016 Commons Chamber

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

In 2009, the House resolved that hon. Members should register all outside earnings within 28 days of their receipt, whether connected with their parliamentary duties or not.

For a prolonged period last year, I very much regret that I failed to comply with that rule in respect of my professional earnings as a barrister.

The House has a right to expect of its Members, particularly those on the Standards Committee, as I was, that they will uphold its rules to the fullest extent. For that reason, I have stepped down from the Standards Committee, and I hope that the House will accept my sincere and full-hearted apology for my failure to observe this important rule.

[Mr Speaker]

I thank the hon. and learned Gentleman for what he has said.