Withdrawal Agreement: Legal Position

Thangam Debbonaire Excerpts

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

There is nothing to prevent a case from being brought to the Court of Justice of the European Union on whether any agreement that is signed by the European Union is compatible with the treaties. But I would point out that, as I said earlier, the time at which the backstop becomes legally vulnerable, or most legally vulnerable, is the time at which it becomes, de facto, not simply temporary but permanent. It is at that point that the problem may crystallise in connection with the use of article 50 to conclude this agreement. The legal uncertainty about knowing whether the backstop would survive such a challenge is one of the factors, I believe, that will impel the European Union to conclude an arrangement with us in expeditious time.

[Thangam Debbonaire (Bristol West) (Lab)]

It appears to me that the Attorney General is treating this House and everyone we represent with a great deal of indifference, at best, and contempt, at worst. So I have to ask him: at what point did he advise the Chief Whip that he would not comply with the terms of the Humble Address? Was it before, during or after the point at which this House expressed its will in support of that Humble Address requiring him to publish full advice?

[The Attorney General]

The decision as to whether a Law Officer’s advice, should any have been given, should be published is a collective decision of the Government. The Attorney General must consent, but first, it is a collective decision of the Government. I hope that that answers the question. I had no discussions with the Chief Whip on this subject. None was sought.