Withdrawal Agreement: Legal Position

Debate between Geoffrey Cox and Chris Williamson

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

I do not agree with my hon. Friend that this is a sell-out. There is no question but that aspects of it that are both undesirable and unsatisfactory, but this backstop need not ever be triggered, and if we are in, I am confident that we can emerge out of it. It will also produce significant benefits for the people of Northern Ireland—let us not forget that—were it ever to be engaged.

[Chris Williamson (Derby North) (Lab)]

Many commentators and hon. Members believe that the Attorney General is in contempt of Parliament. If that is indeed the conclusion of Parliament, I understand the penalty could include expulsion from this place. Is the Attorney General prepared to be expelled for standing by his refusal to provide the details of the advice he has given, which has been voted for by this House?

[The Attorney General]

I hope the House will reconsider the position. I hope that it will understand that no Attorney General and no Government would wish to place themselves—and certainly not I as Attorney General—in contempt of the House. There is simply nothing of that in my desire or wish, and I would not take this position if I did not feel that that was contrary to all our interests. I stand before the House fully understanding the nature of its concern, not to say indignation; I accept that. It is a deeply unsatisfactory position for any Attorney General or Government to be in.

I am truly sorry that I am not in a position to disclose either the fact or the content of my advice. However, I am doing so not to frustrate the legitimate interests of the Members opposite or Members behind me, but rather and only because I do believe it is against the public interest at a time when we are negotiating and at a time when this involves advice to a Cabinet or might well involve advice to a Cabinet that must, for reasons of fundamental principle, be kept confidential.