Rule of Law: Law Officers

Lord Garnier Excerpts

Tuesday 15th September 2020 Lords Chamber

[Lord Keen of Elie (Con)]

My Lords, I was not concerned with either ambiguity or problems within the withdrawal agreement Bill; others may have taken a different view.

[Lord Garnier (Con)]

My Lords, may I take it from his earlier answers this afternoon that my noble and learned friend agrees that the law officers’ first duty is to the rule of law, their second is to Parliament and their third—and very much their third—is to the Government, and that respect for the rule of law encompasses ministerial obligations under both domestic and international law? The Bill that we are considering disapplies sections of a treaty that we have freely entered into. How does that fit with the rubric that I have just read out?

[Lord Keen of Elie (Con)]

On the first point, I entirely agree that the role of the law officers requires them to address the rule of law, Parliament and government, and in that order, without any difficulty. As regards the present Bill, it is designed to provide for a contingency, which will operate only in the event of us having to respond to a material breach or fundamental change in obligations, and then only by bringing forward regulations that will require the approval of this House. Unless and until that occurs, there is no breach of the treaty; there is simply a means by which the treaty obligations can be addressed in the event of a breach.