Legal Advice: Prorogation

Debate between Ian Murray and Geoffrey Cox

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

The Supreme Court judgment said that the Government got the law wrong. We have to accept that, but it is perfectly true that in doing so, it effectively invented or created a new legal principle which hitherto had been a political convention and defined that principle in a new legal test. It is crystal-ball gazing to know whether any court would decide to do that. It did, though the Court below, led by the Lord Chief Justice, concluded that it should not.

[Ian Murray (Edinburgh South) (Lab)]

During the Attorney General’s theatrical rant earlier, he inadvertently forgot to answer the question from my right hon. Friend the Member for Delyn (David Hanson). How much has this Prorogation and all the legal advice and legal consequences cost the UK taxpayer?

[The Attorney General]

I do not know—that is the answer to the question—but if the hon. Gentleman wants to know, he can put down a written question, or I am happy to write to him if he would like. I am very happy to disclose that in due course, once the costs are known. But I say to him that all those costs could have been saved if he had just voted for an election. We could have avoided these cascades of cash falling upon so many lawyers in so many jurisdictions by the simple act of him having the moral guts and not being chicken.

Withdrawal Agreement: Legal Position

Debate between Ian Murray and Geoffrey Cox

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

I do not accept that characterisation because, in any event, the only things that can be brought before the tribunal are systemic, operational issues to do with the management of the agreement by both sides. The Court cannot get involved, once the winding down has taken place, in the resolution of individual disputes between the citizens and businesses of this country. Members really must understand that. It will be over: the ECJ’s jurisdiction will be finished once the winding down takes place. This is an entirely different situation to resolve disputes between the state of the United Kingdom and the European Union. Where we have agreed to apply European Union law, it makes perfect sense that the EU Court should interpret it, and then it should be applied by the arbitral tribunal. I have to say to my hon. Friend that I see no real fundamental objection to it.

[Ian Murray (Edinburgh South) (Lab)]

There is another strong constitutional principle in this House—that if a motion is brought before the House that the Government disagree with, they use their majority to vote it down. In this case, they did not. It is not in the national interest; it is in the Government’s interest not to produce this legal advice. Will the Attorney General tell the House what legal advice he will give the Cabinet, the Government or, indeed, himself about the principle of not abiding by the will of this House?

[The Attorney General]

It is not such a matter. I must ask the hon. Gentleman to accept that it is not a matter of the Government’s interest. It is a matter of the public interest of this country through a fundamental convention and principle.

[Ian Murray]

That was not my question.

[The Attorney General]

Well, that is what I understood the hon. Gentleman to have asked. With respect, I simply cannot accept that this is being done to protect the Government. It is not; it is being done for one reason only—the public interest. The question for this House is whether the Government, who are trying to protect the public interest, or any individual member of the Government are being contemptuous of the House, when they are driven—he is driven—to this position by a firm and conscientious conviction that it is contrary to the public interest.