Legal Advice: Prorogation
Debate between Martin Whitfield and Geoffrey Cox(4 years, 7 months ago)
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The Attorney General
That is, of course, one function of a court’s role, but a court is perfectly entitled to develop the common law. I do not think there can be any doubt that that is what happened in this case.
Martin Whitfield (East Lothian) (Lab)
It is often said that a lawyer who acts for himself has a fool for a client. It is also worrying if the lawyer is not aware of the costs of continuing with the advice. When the Attorney General makes a statement about the costs to the taxpayer, could he include the costs to the House authorities of having to reconvene on 24 hours’ notice and the inconvenience to staff?
The Attorney General
May I place on the record, Mr Speaker, my endorsement entirely for your expression of gratitude to the staff of the House? They do an extraordinarily great job. We are deeply grateful to them for that and for the speed with which they have been able to facilitate the resumption of Parliament.
Withdrawal Agreement: Legal Position
Debate between Martin Whitfield and Geoffrey Cox(5 years, 5 months ago)
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The Attorney General
As I have explained, a unilateral right of termination would be inconsistent with a backstop, which is a guarantee that in circumstances where there is not a deal, or during the negotiations for a deal, there will be no hard border, and there will be protection of north-south co-operation. That backstop has to exist, or there will be no deal. As to the ECHR, that is already protected by the Belfast agreement; it is embedded in that agreement, and would have to be preserved for that reason.
Martin Whitfield (East Lothian) (Lab)
In paragraph 42 of the right hon. and learned Gentleman’s notes, he confirms that
“During any extended implementation period…the UK would not be part of the Common Agricultural Policy”.
This will, of course, have an effect on Scotland. Can he confirm what legal advice was given with regard to the devolved Government coming out of the common agricultural policy in an extended implementation period?
The Attorney General
The CAP is dealt with by the Department for the Environment, Food and Rural Affairs, and I have no doubt that Government lawyers will have given it advice. I am afraid that I am not in a position to assist the hon. Gentleman with any specific advice on that question at the moment, but I am happy to write to him about it.