Withdrawal Agreement: Legal Position

Part of the debate – in the House of Commons at 4:49 pm on 3rd December 2018.

Alert me about debates like this

Photo of Bill Cash Bill Cash Chair, European Scrutiny Committee 4:49 pm, 3rd December 2018

Thank you, Mr Speaker.

There are five precedents over the past 40 years of full disclosure being made of an Attorney General’s advice for compelling and exceptional reasons in the public interest. Does my right hon. and learned Friend agree that he can—as in my view he should—consent on his own independent account as Attorney General under the ministerial code to the full publication of his legal advice given that, as cited in the Queen’s bench division in July 2009, the then Attorney General’s advice on the seminal Factortame case was disclosed, which dealt with the incompatibility of the European Communities Act 1972 with an Act of Parliament, the Merchant Shipping Act 1988, which was then struck down in the courts, analogous to the legal status of the withdrawal treaty in relation to the European Union (Withdrawal) Act passed by this House in 2018, and with which that treaty is incompatible?