Withdrawal Agreement: Legal Opinion

Debate between Tom Brake and Geoffrey Cox

1st reading: House of Commons
Tuesday 12th March 2019 Commons Chamber

[The Attorney General]

I understand my hon. Friend’s frustrations, but I do not agree with his language. I have found those with whom we are doing business in the European Union to be perfectly reasonable and rational people, and I have no complaint about the manner in which negotiations have been conducted—they have always been conducted with cordiality and civility on both sides—so I do not believe that we cannot trust them to reach a deal, because it is in the interests of the Union itself.

[Tom Brake (Carshalton and Wallington) (LD)]

Had the Attorney General been instructed to demonstrate that it is possible to walk away from the backstop by clients at his usual, generous commercial rates, would he have advised them to save their money?

[The Attorney General]

I am not convinced that I fully understood the question, perhaps because I did it too much justice and thought it might be a sensible one. The truth is that I doubt I agree with it.

Withdrawal Agreement: Legal Position

Debate between Tom Brake and Geoffrey Cox

Monday 3rd December 2018 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

Given the precedent set by Lord Goldsmith, whose legal statement was clearly spun and cherry-picked, without seeing the full legal Brexit advice, why should any MP here today believe that this statement is not similarly massaged and designed to bolster the Government’s position and deny MPs on both sides of the House full access to the legal advice that this House has demanded? I am afraid to say that the Attorney General has rather contemptuously and theatrically—as if he were performing “Rumpole of the Bailey”—dismissed us and refused to provide us with the advice.

[The Attorney General]

I can only tell the right hon. Gentleman that I have not massaged the advice. I have given it absolutely as I see it—absolutely starkly. I will give that same advice if anybody asks to come and see me, but I cannot breach the fundamental constitutional principle that I believe it would be contrary to the public interest to break. I can only invite the right hon. Gentleman to accept that I have given this advice as candidly as I possibly can; I cannot say any more if he does not accept that.