(5 years, 7 months ago)
Commons ChamberThank you, Mr Speaker. We should all be aware of our responsibilities in this House and the seriousness of the situation we are in. I say respectfully to the Prime Minister that she now has to accept that her deal has been defeated three times. I applaud the Members of Parliament on both sides who voted against the Government’s proposition. It is a bad deal, and we have to find a way out of the crisis that we are in; all our constituents would expect that. We must give ourselves time, and I suggest to the Prime Minister that we must now look seriously at the option of revocation. We need to apply the handbrake to this process. Quite simply, the Prime Minister has failed to take this deal forward. She does not have the confidence of the House. She has indicated her departure. She should now go, and we should have a general election.
On a point of order, Mr Speaker. On Monday, it is perfectly possible that the House may indicate a preference for one of the options, such as a customs union or a confirmatory vote, which are compatible with the withdrawal agreement. If that is the case, will the Prime Minister be open to listening to the view of the House and considering how we might have a longer extension to explore them?
I think that the question was to some degree a rhetorical inquiry. The right hon. Gentleman has made his point, but further debate on these important matters will follow next week.
(5 years, 8 months ago)
Commons ChamberI do not agree. My hon. Friend knows we have a difference of opinion, and I hope that he will move towards my position. I still hope that might be so, and I say that because one has to look at the mutual incentives and disincentives for both parties to stay in the arrangement. I made this point in December and, for the reasons I advanced in December and in my November opinion, the incentives or disincentives for the European Union are as profound, if not greater, to get us out of the backstop than to keep us in it. That is what I firmly believe. He may disagree, but that is what I believe.
That is why I have taken the political judgment that this withdrawal agreement needs to be supported but, in saying that, these improvements do make a difference. In the last line of my advice, I say there can be no lawful exit unless there is a fundamental change of circumstance. It is extremely important to remember that there is always a right to terminate a treaty unilaterally if circumstances fundamentally change. There is no question but that we have a right to exit if those circumstances apply.
Those of us who remember some infamously politicised legal opinions, as with the Iraq war, will want to acknowledge the Attorney General’s total integrity and independence, but can he explain to a non-lawyer how respect for the international rule of law is enhanced by a unilateral declaration to break it?
The right hon. Gentleman seeks to give with one hand and take with the other. With the greatest of diffidence and respect, he is not quite right. The unilateral declaration is not incompatible with international law. It reserves the United Kingdom’s right to take all measures available to it in circumstances where the talks have broken down as a result of a breach of article 5, which is the good faith duty. It reinforces and further stresses the United Kingdom’s right to take measures to withdraw from the arrangements if there is a breach of good faith.