Commons Sense

House of Commons · Ministers' Questions

Domestic and International Law Compliance

Thursday 24 September 2020 · 3 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 1 Not answered 0

Key points

  • The Government's legal position on the withdrawal agreement was set out in a letter to Select Committee Chairs on 10 September.
  • The Attorney General stated that under the dualist nature of the UK constitution, international law and treaty obligations only become binding in the UK when enacted by Parliament.
  • The Attorney General cited the Law Officers' convention in declining to confirm the fact or content of legal advice received in drawing up the statement of the Government's legal position.

Topics (select to filter)

Questions & Answers

Q1 Joanna Cherry SNP
Northern Ireland Brexit Standards & Ethics
Context

The question arises from concerns over the legal compliance of actions taken under the UK Internal Market (UKIM) Bill.

Question

What recent assessment has been made of the effectiveness of her role in ensuring compliance with (a) domestic and (b) international law?

Answer from Suella Braverman

On 10 September, I wrote to Select Committee Chairs to set out the Government's legal position on the withdrawal agreement and the provisions in the UKIM Bill, and that position has not changed. We will ask Parliament to support the use of clauses 42, 43 and 45 of the UKIM Bill, and any similar subsequent provisions, only in the case of the EU being engaged in a breach of its legal obligations and thereby undermining the Northern Ireland protocol and its fundamental purpose.

Partly answered

Not addressed: Did not directly address the effectiveness of her role but outlined government's position on UKIM Bill.

How: Changed Subject To Legal Position

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Q2 Joanna Cherry SNP
Parliamentary Procedure Standards & Ethics
Context

Concern over the Attorney General's selective use of Supreme Court judgment to justify support for the UKIM Bill.

Question

The Attorney General has justified her support for the Bill by reference to parliamentary supremacy and Miller. But in Miller, the Supreme Court said treaties are binding in international law and not governed by domestic law. Why did she omit this part? Did she learn selective citation?

Answer from Suella Braverman

On the principle, the dualist nature of our constitution makes it clear that international law and treaty obligations only become binding in the UK until Parliament says so. I am grateful to the hon. and learned Lady for allowing me to refer to her point about breaching rules: she directs anger towards SNP colleagues who are changing rules to prevent her from standing as an MSP.

Not addressed: Did not address selective citation but shifted focus onto criticism of SNP.

How: Redirecting Criticism

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Q3 Bob Neill Con
Parliamentary Procedure Standards & Ethics
Context

Concern over whether the Attorney General received adequate support from legal officials in her Department or Treasury counsel.

Question

What support, input and advice did she receive from any legal officials in her Department, or from Treasury counsel, in drawing up that statement of the Government's legal position?

Answer from Suella Braverman

I thank my hon. Friend for his question. He will be aware of the Law Officers' convention, which forbids me from confirming the fact of legal advice or its content. However, I am grateful to him for his support on the Government amendments that introduce a break-glass clause upholding parliamentary supremacy.

Not addressed: Did not provide details on who assisted but discussed the break-glass clause instead.

How: Law Officers' Convention, Changed Subject

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