Oral Answers to Questions

Joanna Cherry Excerpts

Thursday 31st January 2019 Commons Chamber

[The Attorney General]

Article 20 of the proposed Northern Ireland protocol allows already for either party to discuss and agree with the other that the backstop is no longer necessary, and that is arbitrable under the dispute resolution mechanism of the withdrawal agreement. I do not necessarily accept the characterisation that there is a veto. The European Union under the proposals would be bound by the duty of good faith and best endeavours, and it could not just decline to consider a reasonable measure put forward by the United Kingdom.

[Joanna Cherry (Edinburgh South West) (SNP)]

May I return the Attorney General’s attention to the question of Seaborne Freight? He, like me, will be well aware that if the Department for Transport has avoided competitive tendering under regulation 32 without a proper basis in law, it could face legal action. Has he been asked to advise on the matter, and how much money has been set aside for the contingency of court action concerning the potential illegality of the procurement process and any claim for damages?

[The Attorney General]

The hon. and learned Lady, who is a lady of great distinction in the legal profession, knows quite well that I am bound by the Law Officers’ Convention. I realise why she is trying to tempt me to give fuller answers, but I cannot disclose either the fact or the substance of any advice that I may have given. As for her substantive question, I suggest that she address it to the Secretary of State.