Exiting the European Union

William Cash Excerpts

Monday 10th December 2018 Commons Chamber

[Sir William Cash (Stone) (Con)]

The Prime Minister knows that the withdrawal agreement and the political declaration both cover many legal issues beyond the backstop, important and vital though that is. Those issues include the European Court, control over our own laws and questions relating to compatibility with the European Union (Withdrawal) Act 2018. Under the ministerial code, there is an absolute obligation to consult the Attorney General formally and in good time before committing to critical decisions that involve legal considerations. Under the order of the House of, I think, 4 December, the Government must publish in full the Attorney General’s advice on both the withdrawal agreement and the framework. So far, the only advice that has been published is on the Northern Ireland protocol. Did the Prime Minister seek the Attorney General’s advice, under the code, on both these matters in good time, or did she not? If she did seek his advice, why has it not been published?

[The Prime Minister]

I think my hon. Friend has asked me variations of that question each time I have made a statement recently. I am clear that the Government undertake their responsibilities in relation to the seeking of legal advice entirely properly and appropriately. Of course, the Government published a full legal position on the withdrawal agreement, and that contained more detail than Governments have previously published on any such occasion or in any similar event. Not only have we done that, but the Attorney General came to the House, made a statement and took many questions from Members on these issues.