Commons Sense

House of Commons · Ministers' Questions

Northern Ireland Protocol

Thursday 26 May 2022 · 4 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 4 Not answered 0

Key points

  • Minister declined to comment specifically on received legal advice, citing normal practice.
  • Minister stated that proposed legislation aligns with protecting the Union and the Belfast agreement.
  • Minister refused to confirm or deny authorizing briefings to media regarding legal advice.

Topics (select to filter)

Questions & Answers

Q1 Ian Paisley Jnr DUP
Northern Ireland
Context

There are concerns about the legal advice received by the Attorney General on amending primary legislation in relation to the Northern Ireland protocol.

Question

What recent advice has she received on the legality of the Government's plans to amend primary legislation to adjust elements of the Northern Ireland protocol?

Answer from Suella Braverman

I cannot comment specifically on any advice that I may or may not have received. It is not uncommon or inappropriate for Law Officers to seek advice, both from their officials and external specialist counsel. The Foreign Secretary's statement to the House last week set out the Government's proposals. She will be introducing primary legislation to address elements of the Northern Ireland protocol.

Partly answered

Not addressed: The Attorney General did not specify whether she received legal advice or what it contained, only noting that seeking such advice is common practice.

How: I Cannot Comment Specifically On Any Advice

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Q2 Ian Paisley Jnr DUP
Northern Ireland Parliamentary Procedure
Context

There is a US Congress delegation visiting Northern Ireland, and there are concerns about clarity regarding the protection of the Union.

Question

Will she take the opportunity today from the Dispatch Box to spell out to the misinformed US Congress delegation visiting Northern Ireland that defending, upholding and protecting the Union is consistent with the New Decade, New Approach agreement and consistent with the Belfast agreement? Will the Government move expeditiously—that is, before the summer recess—on bringing forward legislation?

Answer from Suella Braverman

The Bill that is proposed will take vital steps to protect the integrity of the United Kingdom, our precious Union, and protect peace, which is cemented by the Belfast agreement. It will include provisions ensuring the security of the common travel area, single electricity market and north-south co-operation, freeing goods within UK from unnecessary bureaucracy through a green channel with data-sharing arrangements including a trusted trader scheme for real-time commercial data.

Partly answered

Not addressed: While providing details on the bill's provisions, the Attorney General did not explicitly address whether she would speak to the US Congress delegation today or expedite legislation before the summer recess.

How: I Urge All Members Here And Parliamentarians Abroad To Support Them

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Q3 Emily Thornberry Lab Islington South and Finsbury
Northern Ireland Parliamentary Procedure
Context

There are concerns that the Attorney General's legal advice on the Northern Ireland protocol has been disclosed in media reports.

Question

Did she personally authorise the briefings to The Times and 'Newsnight' regarding her advice on the protocol—yes or no?

Answer from Suella Braverman

I take the convention incredibly seriously; it is a running thread through the integrity, robustness and frankness with which Law Officers can provide advice. I do not comment on media speculation, and that is the Government's line.

Partly answered

Not addressed: The Attorney General did not give a direct yes or no answer about authorising briefings but instead referred to the convention of not commenting on legal advice.

How: I Do Not Comment On Media Speculation, That Is The Government'S Line

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Q4 Angela Crawley SNP
Northern Ireland Foreign Affairs
Context

There are concerns that legal advice given to the Prime Minister suggested the Good Friday agreement takes precedence over the Northern Ireland protocol.

Question

Does she accept that the Good Friday agreement sits alongside other agreements rather than taking precedence, and should it not be used as a basis to walk away from the deal that the UK Government signed? Will she commit to publishing the legal advice in full?

Answer from Suella Braverman

I will not repeat my answer, but we do not comment on media speculation and I respect and take incredibly seriously the Law Officers' convention. The Foreign Secretary has made it clear that the Government will publish a statement summarising their legal position shortly.

Partly answered

Not addressed: The Attorney General did not explicitly state whether she accepted that the Good Friday agreement sits alongside other agreements and declined to commit to publishing full legal advice.

How: I Will Not Repeat My Answer, We Do Not Comment On Media Speculation

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