Oral Answers to Questions

Joanna Cherry Excerpts

Thursday 24th September 2020 Commons Chamber

[The Attorney General]

I thank my hon. Friend for raising this important point. There has been an unprecedented focus over the last few years on ensuring that investigators and prosecutors are properly equipped to deal with large volumes of electronic evidence. The proliferation in technology and digital devices has put pressure on the disclosure process and notably increased the resources required. That does present a challenge for our investigators and prosecutors. There is not a silver bullet that will solve it, but I can assure my hon. Friend that this issue is not being left to languish. The Crown Prosecution Service, in particular, is investing in tools and working closely with its policing colleagues to meet these challenges.

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

What recent assessment she has made of the effectiveness of her role in ensuring compliance with (a) domestic and (b) international law.

[The Attorney General (Suella Braverman)]

On 10 September, I wrote to Select Committee Chairs to set out the Government’s legal position on the withdrawal agreement and the provisions in the UKIM Bill, and that position has not changed. We will ask Parliament to support the use of clauses 42, 43 and 45 of the UKIM Bill, and any similar subsequent provisions, only in the case of the EU being engaged in a breach of its legal obligations and thereby undermining the Northern Ireland protocol and its fundamental purpose. This creates a legal safety net and takes powers in reserve whereby Ministers can act to guarantee the integrity of the United Kingdom and protect the peace process. We are very clear that we are acting in full accordance with UK law and the UK’s constitutional norms.

[Joanna Cherry]

The Attorney General has justified her support for the Bill by reference to the domestic legal principle of parliamentary supremacy and the judgment of the UK Supreme Court in Miller. But in that case, the UK Supreme Court also said, at paragraph 55, that “treaties between sovereign states”, such as the withdrawal agreement,

“have effect in international law and are not governed by the domestic law of any state.”

The Supreme Court was quite clear that such treaties

“are binding on the United Kingdom in international law”.

Why did the Attorney General omit reference to that part of the Supreme Court’s judgment? Did she not learn the rule against selective citation when she was at law school?

[The Attorney General]

On the principle, the dualist nature of our constitution makes it clear that international law and international treaty obligations only become binding in the UK until and unless Parliament says they do. That is a reflection of the supremacy of Parliament and of how, effectively, international law gives way to domestic law.

I am grateful to the hon. and learned Lady for several reasons. The first is for intervening in the Miller litigation. Her intervention allowed the Supreme Court to find unanimously, and hold on this point, for the sovereignty of Parliament when it comes to international law. Secondly, she has allowed me to give examples of where domestic legislatures have acted in breach of international obligations. She will be familiar with the controversial “named persons” legislation that was introduced by the SNP at Holyrood. It was ruled by the Supreme Court to be in breach of international law, namely article 8 of the European convention on human rights. Finally, I thank the hon. and learned Lady for allowing me to refer to her point about breaching the rules and the rule of law. May I gently suggest that she directs her anger closer to home: towards her SNP colleagues and those who sit on the National Executive Committee, who, as we speak, appear to be changing the rules to prevent her exclusively from standing as an MSP? Breaking the rules—the SNP could write the textbook on it!

--- Later in debate ---

[The Attorney General]

The Coronavirus Act 2020 was put before Parliament and went through every stage that a Bill is expected to go through. Any regulations made under it are also subject to parliamentary approval. There is also a sunset provision in the Coronavirus Act, which means it will expire automatically after two years, if not extended. There is a parliamentary review every six months, which will give this Parliament the chance—for example, this coming Wednesday—to vote on a motion stating that the Act should not end.

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

On a point of order, Mr Speaker.

[Mr Speaker]

Does it relate to this session?

[Joanna Cherry]

It does. In her response to me a few moments ago, the Attorney General said that I intervened in the case of Miller v. Secretary of State for Exiting the European Union. I did not intervene in that case, and perhaps if the Attorney General had read the case more closely, particularly paragraph 55, which I referred her to, she would know that I was not a party or an intervener in that case. I think she is getting it mixed up with the case of Cherry v. Advocate General for Scotland, in which a year ago today, the United Kingdom Supreme Court ruled that her Government’s action in proroguing Parliament was unlawful. I was not an intervener in that case; I was the lead litigant, and it is great to get an opportunity to mention it on the Floor of the House today and to celebrate that great victory for the rule of law, made in Scotland.

[Mr Speaker]

In fairness, I wanted to give the hon. and learned Lady the opportunity to make her point of order. That has been corrected, and I am sure that the Attorney General will accept what she has said. It is not a point of order for me, but the correction has now been made.

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.