Exiting the European Union

Hilary Benn Excerpts

Monday 11th March 2019 Commons Chamber

[Mr Lidington]

It is certainly our intention to lay the documents as early as possible this evening. They must be laid before the House concludes its business tonight if they are to be formally taken into account during tomorrow’s debate and votes. I would expect nothing other than that my hon. Friend and his Committee would want to consider them very carefully, The Attorney General will make his assessment available as soon as possible, in line with the commitment that he gave the House from the Dispatch Box last week.

[Hilary Benn (Leeds Central) (Lab)]

The Minister referred in his statement to the possible suspension of our obligations in respect of the backstop. As he will know, however, under article 178 of the withdrawal agreement that can happen only after the arbitration panel has ruled on the question referred to it, and after a whole process has been followed if one party has failed to comply with the ruling of the arbitration panel.

If consideration of the issues raised by the arbitration panel in relation to the backstop involves questions about the interpretation or application of EU law, can the Minister confirm for the House that any such questions would have to be referred by the arbitration panel to the Court of Justice of the European Union, and that any ruling of the Court—despite what he has said tonight—would be binding on the arbitration panel, on the European Union and, crucially, on the United Kingdom?