Withdrawal Agreement: Legal Position

Martin Whitfield Excerpts

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

As I have explained, a unilateral right of termination would be inconsistent with a backstop, which is a guarantee that in circumstances where there is not a deal, or during the negotiations for a deal, there will be no hard border, and there will be protection of north-south co-operation. That backstop has to exist, or there will be no deal. As to the ECHR, that is already protected by the Belfast agreement; it is embedded in that agreement, and would have to be preserved for that reason.

[Martin Whitfield (East Lothian) (Lab)]

In paragraph 42 of the right hon. and learned Gentleman’s notes, he confirms that

“During any extended implementation period…the UK would not be part of the Common Agricultural Policy”.

This will, of course, have an effect on Scotland. Can he confirm what legal advice was given with regard to the devolved Government coming out of the common agricultural policy in an extended implementation period?

[The Attorney General]

The CAP is dealt with by the Department for the Environment, Food and Rural Affairs, and I have no doubt that Government lawyers will have given it advice. I am afraid that I am not in a position to assist the hon. Gentleman with any specific advice on that question at the moment, but I am happy to write to him about it.