Brexit: Northern Ireland Backstop

Lord Forsyth of Drumlean Excerpts

Tuesday 19th February 2019 Lords Chamber

[Baroness Goldie]

I do not want to be drawn into a labyrinthine analysis of legal niceties. What I can see is that in general law of contract and of agreement between separate legal entities, it is possible to lay out a future pattern to which both parties agree. If one of these future patterns were that the UK should have a unilateral right to withdraw, that could be incorporated within a binding agreement, as I understand the position. I am not an international lawyer—Glasgow conveyancing was about as far about as it got—but that is my broad understanding of the general position.

[Lord Forsyth of Drumlean (Con)]

My Lords, when the Government and the House of Commons voted for the Motion calling for the replacement of the backstop, what was the Government’s understanding of the meaning of “replace”?

[Baroness Goldie]

As I have already indicated to the noble Lord, Lord Empey, the Government were very clear from the vote about what the House of Commons found worrying and troublesome about the backstop as currently structured. As I said in my Answer to him, there are three possible options to resolve that dilemma.