Northern Ireland Protocol: First Treasury Counsel

Lord Hannay of Chiswick Excerpts

Thursday 9th June 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

I am not aware of that, but I would say that the Government abide by the convention that legal advice given to the Government is not disclosed, so I would be surprised if that had taken place.

[Lord Hannay of Chiswick (CB)]

My Lords, the Minister has stated the convention about not providing the advice the Government receives on legal matters. That is interesting, but it happens to be exactly contrary to what was said. Perhaps if he looks at Hansard he will see that, when this matter was debated shortly before the Recess, the Government spokesman said quite categorically that the Government would be bringing forward a separate document setting out the basis for the legal case. He has just contradicted that.

I have a second question. Could the Minister, perhaps just now, cite word by word any part of the Northern Ireland protocol that authorises either party to it, the European Union or the United Kingdom, to unilaterally depart from its terms. Could he please cite that?

[Lord Stewart of Dirleton (Con)]

My Lords, the terms of the protocol specifically anticipate that it will change in line with developments. I refer the noble Lord to Articles 13(8) and 16 in that regard.