Robert Neill
Main Page: Robert Neill (Conservative - Bromley and Chislehurst) Northern Ireland Protocol: First Treasury Counsel
Robert Neill Excerpts(2 years ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate
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James Cleverly
It will be a British Bill, brought forward by Her Majesty’s Government. The Government’s position is that our course of action is lawful under international law.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I apologise for being a little late at the beginning of the statement, Mr Speaker.
Does my right hon. Friend accept that it is by no means unknown for independent advice to be taken from a range of senior counsel, particularly where novel or highly specialised areas of law are concerned, and that that is done without any prejudice to the position or independence of the senior Treasury counsel and does not of itself constrain them? Does he also accept that it is important to remember that partial leaks of illegal advice are all the more unhelpful in circumstances such as this, not only because of the breach of the convention, but because an assessment on the necessity test, which may be relevant in international law, can be made only on the totality of the legal advice and the totality of the evidence, which must be then weighed against that advice, and we are not in a position yet to do that?
James Cleverly
My hon. Friend makes a strong and important point. He knows that, both professionally and personally, I listen carefully when he speaks, as do all those on the Treasury Bench. On issues such as this, leaks are incredibly unhelpful for exactly the reasons he gave. Important decisions need to be taken with the totality of evidence, not partial fragments of such, and he is right to highlight that.