Withdrawal Agreement: Legal Position

Helen Goodman Excerpts

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.