Oral Answers to Questions

Debate between Stuart C McDonald and Geoffrey Cox

Thursday 16th January 2020 Commons Chamber

[The Attorney General]

There is no question of weakening judicial review. The question is whether we can make it more efficient and streamlined, and more focused on the purpose: holding the Government to account for their administrative decisions. Even the hon. Gentleman will have to accept that some judicial review cases have been brought that should perhaps never have been started—often they are indeed thrown out by the courts—and we can prevent the courts being clogged up with those applications. So I say to him: let us wait and see. The Government are looking at this extremely carefully, but I want him to understand one thing: there is no question of backsliding upon the fundamental principle of the independence of the judiciary.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I welcome the Attorney General back to his place on the Government Bench, but it was from the Back Benches, in February 2017, that he made a superb speech on the human rights of unaccompanied asylum seeking children, calling on the Government not just to pay “lip service” to those rights, but to make them “practical and effective”. So if the Government are genuinely committed to making those Dublin rights effective post-Brexit, why do they not just unilaterally decide to continue to accept unaccompanied children with family members here? Why are the Government seeking to repeal even the modest obligations to negotiate their rights under the European Union (Withdrawal) Act 2018?

[The Attorney General]

We are not seeking to repeal this; we are simply removing the statutory requirement to negotiate it. The Government wrote in October last year seeking commencement of negotiation on family reunification. The principle is fundamental and one to which the Government are committed: vulnerable, unaccompanied children must be able to reunite with their family members in this country.

Legal Advice: Prorogation

Debate between Stuart C McDonald and Geoffrey Cox

Wednesday 25th September 2019 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Does the right hon. and learned Gentleman agree that any reasonable Attorney General, acting with due care, would query, challenge and perhaps even laugh at any suggestion that five weeks of Prorogation was necessary in order to prepare for a Queen’s Speech?

[The Attorney General]

I think I understood the hon. Gentleman’s question, but I do not agree with its premise.

Oral Answers to Questions

Debate between Stuart C McDonald and Geoffrey Cox

Thursday 4th July 2019 Commons Chamber

[The Attorney General]

I completely agree with what my hon. Friend has said, and it applies, if I may say so, not only to law enforcement agencies, but to other agencies as well. We cannot forget that, particularly in county lines offending, there is a wide range of other dimensions at play and safeguarding agencies are also very important.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

4. What recent assessment he has made of the effect of the UK leaving the EU without a deal on the priorities for his Office.

[David Linden (Glasgow East) (SNP)]

5. What recent assessment he has made of the effect of the UK leaving the EU on the priorities for his Office.

[The Attorney General (Mr Geoffrey Cox)]

The priorities of my office are set out in the published business plan for this year. In relation to the UK’s withdrawal from the European Union, my priority continues to be to support the successful delivery of the Government’s objectives by giving legal and constitutional advice within the Government. I am of course also engaged in the support of preparations for future international co-operation between the Law Officers’ departments, and with prosecution and other criminal justice operations.

[Stuart C. McDonald]

I am pleased to hear that the Attorney General is committed to continuing to provide sound legal advice in the face of fantasy politics, which he has a good track record in. Will he confirm that it is the Government’s position that after a no-deal Brexit, article 24 of the general agreement on tariffs and trade cannot be unilaterally invoked to ensure a standstill in current trading arrangements, and that the EU cannot and will not be compelled to trade on that basis?

[The Attorney General]

Yes.

Oral Answers to Questions

Debate between Stuart C McDonald and Geoffrey Cox

Thursday 7th March 2019 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

10. What recent assessment he has made of the effect of the UK leaving the EU on his Office’s priorities.

[The Attorney General (Mr Geoffrey Cox)]

The priorities of my Office are published in the business plan. In relation to the UK’s withdrawal from the Union, my priority continues to be supporting the successfully delivery of the Government’s objectives by giving legal and constitutional advice within the Government, and, in particular, by contributing to international negotiations. I take a keen interest in the programme of Brexit-related domestic legislation and I am of course involved in supporting preparations for future international co-operation with the Law Officers’ Departments and the prosecution agencies.

--- Later in debate ---

[The Attorney General]

The hon. Lady knows that she is asking me questions that belong to the Department for Transport, not to me. These matters do not come to the Law Officers unless they have a Law Officers’ point, so the reality is that I am afraid I must direct her to my right hon. Friend the Secretary of State for Transport.

[Stuart C. McDonald]

Will the Attorney General therefore confirm whether or not he provided any legal advice to the Department for Transport in relation to that contract and settlement with Eurotunnel; and if he did, given the huge public concern about this, will he publish it?

[The Attorney General]

It grieves me to have to say to the hon. Gentleman that he knows I will be bound, and am bound, by the Law Officers’ convention not to disclose either the fact or content of my advice, if any were given on that subject. I am sorry.