Leaving the European Union

Lord Wallace of Saltaire Excerpts

Tuesday 12th February 2019 Lords Chamber

[Baroness Evans of Bowes Park]

I am not sure that I am the best person to ask, but what I can say is that the Prime Minister in her Statement made it clear that she welcomed conversations with the Leader of the Opposition. I believe that Members on both sides are speaking again tomorrow and will continue to do so. What we want is a deal that has the support of the House of Commons across the House of Commons because we want a future relationship with the European Union that is positive and progressive. That is something that I believe everyone on all sides of both Houses wants to see happen.

[Lord Wallace of Saltaire (LD)]

My Lords, I ask the Minister to explain a phrase which I find rather confusing:

“There could be a legally binding unilateral exit clause”.


I am not a lawyer, but I studied international law and I have worked with a number of international lawyers. My understanding is that it is a form of negotiation leading to contract, and just as you negotiate a contract you also have to negotiate the end of that contract. The idea that something could be legally binding in international law but that one of the parties could withdraw whenever it likes seems utterly contradictory, if not nonsensical. How can a unilateral exit clause be at the same time legally binding? If it is legally binding, does it mean that the EU can withdraw from any parts of the withdrawal agreement that it wishes in return?

[Baroness Evans of Bowes Park]

I am sure that the noble Lord will be delighted to know that the Attorney-General is leading on these matters. He is a great expert, and I have every confidence in him.