European Union (Withdrawal) Act Debate

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Department: Attorney General

European Union (Withdrawal) Act

Mark Francois Excerpts
Tuesday 15th January 2019

(5 years, 3 months ago)

Commons Chamber
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Geoffrey Cox Portrait The Attorney General
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I am grateful to my right hon. Friend for his question. I have never underestimated the challenge that I face today or the one that the Government face. As I shall come on to say in due course, I have reflected deeply, as he knows, upon the question of the backstop. I have reached the conclusion that it is a risk that it is acceptable to take, even having regard to the perils that it involves if it were to become permanent and the questions that it unquestionably raises in connection with the Union with Northern Ireland.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
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Will the Attorney General confirm that, while the political declaration is aspirational in style, it is not legally binding in international law, but the withdrawal agreement, as a draft international treaty, would be fully binding in international law? Will he also confirm that he is offering the House an embarrassment of riches? After months of debating the backstop, we now have the airlock as well. Are the Government so desperate that they are now offering the House of Commons a buy-one-get-one-free?

Geoffrey Cox Portrait The Attorney General
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My right hon. Friend knows what I mean. The airlock metaphor is indicated to demonstrate the distinction that exists. The withdrawal agreement has been negotiated over thousands of hours and is, as he rightly says, the legally binding text and the only legally binding text. It was only ever empowered under article 50 to deal with historic issues and outstanding matters that otherwise would have catapulted citizens, businesses and Governments into legal uncertainty.