Sir Geoffrey Cox
MP for Torridge and Tavistock · Conservative · United Kingdom
“Once upon a time, it would not have been necessary for a Secretary of State for farming to come to the House to say that the primary purpose of farming was food production. The central recommendation of Minette Batters’ report was to make food security a national strategic priority.”
“I will give way to the hon. Member for Colchester (Pam Cox) first, if she can give me just two seconds. I want to develop this theme, because it is very important to me. There are some things that have to be above politics. If there are not, we have no society to defend.”
“Not just now. I say to the House, in all conscience, that jury trial is precious. Why? It is precious because it unites all parts of the political spectrum. It is precious because it allows the people of this country to be directly engaged in the adjudication of guilt or innocence in thousands of cases across the country.”
“No, I am not giving way. I am mindful of time and I must complete what I have to say. This is a time when not just this House but the judiciary and the courts are under attack. The unprecedented attacks upon the judiciary and the legal profession are deplorable. Institutional trust is under siege, and now is not the time— [ Interruption.”
“No, I am not giving way. Let me make that clear now. I want to finish in a moment. The reality is that jury trial is too precious a thing to lose. We are faced with a question of principle here.”
“I should declare an interest at the beginning. I am a member of the Bar—that is not uncommonly known—I still practise at the Bar, and I have the honour to be a criminal barrister and a member of the Criminal Bar Association. I have spent 44 years at the Bar.”
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“I will in a minute. Do we have before us—the withdrawal agreement—a sensible settling of these critical historical obligations for continuing transactions to resolve, for millions of people, the legal uncertainty of taking ourselves away from the highly integrated legal system in which we were organically linked and, indeed, part of? The 585 pages—”
“I must make some progress. I will take many more interventions. On the 585 pages, what does the agreement do? First, it secures the rights of 1 million British citizens living in the European Union and of 3 million European Union citizens living in the United Kingdom. What are we to say to them if this House today does not take the advantage of resolving and giving them the certainty of knowing that their position is enshrined in fundamental law?”
“So I say to the House with all due diffidence and respect: we all of us would regard, would we not, these parts of the withdrawal agreement as essential to create the bridge for our departure from the European Union.”
“I will in a moment. The agreement settles the bills. It legally allows for the orderly completion of these thousands of continuing transactions—judicial proceedings, accounting procedures —that would otherwise be thrown into a legal void. It provides for a period of adjustment for people and for businesses of the next 21 months, extendable up to two years, to allow our businesses and our individual citizens to adjust to the new realities. That is what I mean by the airlock. It is quite simple: an airlock enables the human body to adjust to the new pressure it will face when it exits the airlock. This period allows the transition and adjustment of this country to enter into the bright new world that we will enter when we leave the European Union.”
“I understand the force of what my hon. Friend says, but precisely the same prevails in numerous EU countries. For the purposes of regulation, the Canary Islands are treated as a third country to Spain. It is not for the purposes of regulation alone—single market regulations alone. There are examples all around the world of where there are regulatory differences between individual parts of the jurisdiction of sovereign states.”
“For example, it is said that the Court of Justice of the European Union retains jurisdiction over our courts once the time-limited obligations have wound down that the withdrawal agreement settles. It does not. It does not. It does not. It does not. How many times do I have to say it to my hon. Friends? [Hon. Members: “More.”] It does not! The fact of the matter is that once—once—these obligations have wound down, the CJEU will have no jurisdiction over the resolution of disputes between individuals, citizens, businesses in our country. This is what our people voted for and we, by adopting this withdrawal agreement, can give it to them. Secondly, it is said that we will be permanently bound by EU rules. But we will not. The fact of the matter is that the withdrawal agreement’s obligations are inherently time-limited.”
“I am immensely obliged to the hon. Lady because that is precisely what I want to move on to. If we accept, and I urge this House to accept, that effectively 90% of this withdrawal agreement—some 450 of the 585 pages—in fact settles these crucial outstanding matters, which no sensible person could doubt require to be settled in order to effect our departure, that leaves the two grounds of objection that have been advanced—I listen with great care to speeches from Members on the Opposition side of the House—to this agreement and declaration, so may I come to those two grounds? Before I do, I simply say that there are some typical misconceptions about the withdrawal agreement.”
“Herein lies the critical question that we all have to confront in connection to the backstop. Before I answer it, however, I will take my hon. Friend’s intervention.”
“You cannot say to somebody to whom you owe money, “I am not going to pay you my debt unless you give me something else.” It is not attractive, it is not consistent with the honour of this country and it is not consistent with the rule of law. The fact of the matter is that the withdrawal agreement settles those historic obligations. May I come to the critical question and the challenge that was—”
“Any future relationship will depend on good faith and good will. These assurances, which I accept do not have effect on the legal equation, in my view represent solemn statements of the President, the Council and the Commission, which to breach would be incompatible with the European Union’s continued standing in international relations and forums. But even if—”
“I will do in a moment. Let me get on because time is short and I need to move on. On the backstop, there is, I would suggest to the House, an inconsistency. There are those who say in this House that the EU will do what is in its interests and that it will, cynically, entrap us in the backstop. They have said—can anybody doubt that this is true?—that the only real thing that is in the best interests of any nation or any organisation of nations is to have cordial relations of good will and co-operation with one’s neighbours. History has taught us that over the centuries. To entrap us in the backstop against the overwhelming political will of this nation would have precisely the opposite effect of cultivating those cordial relations of good will between ourselves and the European Union.”
“They have 10,000 gilets jaunes on the streets of Paris and elsewhere, but if their fishermen are told that they cannot catch a single cod or plaice in the waters of the United Kingdom they will place intense pressure upon the European Union. So I say to the hon. Lady that that fact alone affords a real issue for the member states. But on agriculture, we do not have any further participation in the common agricultural policy under the backstop, and we pay, though we get tariff-free access to the single market, not one penny for that system.”
“I must make some progress. But even if I am wrong about that, let us examine what the hon. Member for North Down (Lady Hermon) asked me to look at. What is the position in the backstop? First, the European Union. No Belgian lawyer—there’s a Freudian slip, Mr Speaker. No Belgian fisherman, no French fisherman, no Danish fisherman, no Dutch fisherman will be allowed to point the prow of their trawlers one metre into British waters under the backstop. They will have no access to the rich hunting grounds that for decades they have exploited perfectly lawfully, because the backstop provides them with no legal basis to do so. I ask the House to reflect. Why does the House think that the rumblings and hollow thunderings of concern are emanating from the counsels of the Quai d’Orsay?”
“They provide us with the ability, if we wish to take it, of being flexible about the means by which we achieve the outcomes because all they do is require us to maintain parity of standards with the position we had when we left the European Union. Therefore, it does give us regulatory flexibility if we wish to avail ourselves of it and the European Union is faced with not a penny being paid, with tariff-free access to the customs union, with not having to obey the regulatory law—”
“I must make progress. I say to my hon. Friends, as I say to Opposition Members, the EU will have to set up entirely different legal and administrative systems in order to set up the customs union that is enshrined within the backstop, yet Britain will pay not one penny of contribution to those complex administrative and technical systems which the EU will, on their side alone, have to finance. How long does the House really think that the EU would wish to go on paying for a bespoke arrangement in which they are paying tens of millions of euros to sustain a customs union that is simply on their own admission a temporary arrangement? But even if that was wrong, there are the regulatory provisions under the backstop. They are standard non-regression clauses. They exist in free trade agreements all around the world.”
“Friends and Members of the House on both sides come to the conclusion, as I would urge them to do and as I have done after many hours of reflection, that it would be, as the hon. Member for North Down said, an instrument as painful to the European Union as it would be to us, it is a risk, weighed against the other risks, that we should take, if the consequence of not doing so is something worse.”
“The amendment that my right hon. Friend has tabled would, in my judgment, not be compatible with our international law obligations. He may know and accept that, but it is certainly my view that it would not be compatible and therefore would be likely not to be seen by the European Union as ratification. It would certainly raise serious question marks over the amendment. We need to examine the matter without the indulgence of believing that there is any other easy solution. It is sometimes said that the problem with the backstop is that it will not enable us to walk away. That is true, except in this regard: the question is what we would be walking away from. Would the other side regard it as something they would not wish to walk away from, or would it be an embrace that they would like to escape as well? If my hon. and right hon.”
“My hon. Friend is wrong. The House of Lords did not say that. The House of Lords Committee said that there was no obligation in EU law, but that there may well be public international law obligations. The basis of the argument that there are no public international law obligations is in my judgment—I have tested it, as I always do on matters of law, with some very distinguished lawyers with expertise in the field—flimsy at best. The House of Lords Committee did not say there are no public international law obligations.”
“and learned Member for Holborn and St Pancras (Keir Starmer) that we should have negotiated a full customs union with a say within the political declaration and then there would have been no need for a backstop, because the agreement could then have been concluded within the transition period. However, he knows, and it is clear, that the European Union is unwilling to and regards itself as bound by its own law not to enter into detailed negotiations on the permanent relationship treaties. The EU was never going to do it, and its own negotiating guidelines said it would not, so there was always going to be this withdrawal agreement, a political declaration setting out a framework and months, if not years, thereafter of detailed negotiation on any final resting place that any political declaration might have.”
“I will give way to my right hon. Friend the Member for Broxtowe (Anna Soubry), but first I need to make some progress. Orderly exit from the European Union would always require a withdrawal agreement along these lines. No alternative option now being canvassed in the House would not require the withdrawal agreement and now the backstop. Let us be clear: whatever solution may be fashioned if this motion and deal are defeated, this withdrawal agreement will have to return in much the same form and with much the same content. Therefore, there is no serious or credible objection that has been advanced by any party to the withdrawal agreement. It was said last week by the right hon.”
“I will come to the hon. Gentleman in time. Let us examine the point. The question is what is the basis for the objection to the withdrawal agreement?”
“I listened to Members speak last night about the enshrinement of environmental rights and environmental laws and so on, but the political declaration would never have been able to secure detailed, legally binding text on those matters, which will be discussed and negotiated in the next stage of negotiation. It makes no sense to reject the opportunity of order and certainty now because Members are unhappy that they do not have guarantees about what will be in a future treaty. What will be in that treaty, governed by the parameters set out by the political declaration that I need to come to in a moment, will be negotiated over the next 21 months. This Government have made a pledge to the House that we will take fully the opinion of the House in all the departmental areas over which the negotiations will take place.”
“I respectfully suggest to my right hon. Friend that that is because the expectations of the withdrawal agreement have been far too unrealistic. [ Interruption. ] This is a serious issue, and I ask for the indulgence of the House in making what I hope is a serious point, although I have to give way to the hon. Member for Leeds West (Rachel Reeves). If the House does not accept the point, that is fine, but let me at least make it. The withdrawal agreement and a backstop are the first and necessary precondition of any solution. Members on the Opposition Benches have real concerns about the content of the political declaration and the safeguarding of rights.”
“I set myself a clear time limit, but I am anxious— [ Interruption. ] You really cannot win. I am trying to take as many interventions as I can, and I will take that of the hon. Member for Streatham (Chuka Umunna).”
“We must start from where we are now. It is easy to say, “We shouldn’t have started from here.” The political declaration sets out clear parameters about the future treaty. First, written into the DNA of the political declaration are two cardinal principles—”
“It is not a legal document, but no political declaration would ever be a legal document, by definition. Under EU law, we cannot have a finally negotiated text with all the legal detail. Let me come to the two clear conditions in the political declaration— [ Interruption. ] I will complete in a few minutes. First, no free movement—”
“Will the hon. Lady forgive me, but I really cannot? Her own colleagues say that I am taking too long, and I must wind up. The position is that the political declaration includes two clear conditions. First, there will be no free movement. One cannot belong to the single market without participating in the four freedoms, therefore we will have a deal that admits of a spectrum of landing places where we will not belong to the single market.”
“No, I must now make progress. Secondly, there will be an independent trade policy. One cannot have a customs union—certainly one that is not bespoke—while having an independent trade policy. The Labour Front-Bench team say that they want a customs union with a say. That would be the first time—if it were ever negotiable—that the European Union had allowed a third country to have any say over commercial policy. Therefore, it is a fantasy, a complete fiction. The Labour Front-Bench team also say that they want a strong single market deal, forming the exact same benefits—”
“No. The same benefits but with no free movement—that is exactly what the Government want. They want a clear, strong, deep relationship with the European Union with no free movement, so I say to Labour hon. Gentlemen and Ladies and—”
“The hon. Lady can eliminate a no deal today; all she has to do is to vote for this one. In reality, it is the height of irresponsibility for the Labour party, which claims to be a party of Government, to plunge millions of our citizens into legal uncertainty of that type because of a factitious, trumped-up basis of opposition, whereas the real strategy is to drive this Government and this House on to the rocks, and to create the maximum chaos and the conditions for a general election— [ Interruption. ] We know the game, I say— [ Interruption. ] It is as clear as day— [ Interruption. ]”
“If we should be so deceived as to permit that, when historians come to write of this moment, future ages would marvel that the huge repatriation of powers that this agreement entails—over immigration, fisheries, agriculture, the supremacy of our laws and courts—was rejected because somehow it did not seem enough and because of the Northern Ireland backstop.”
“If this vote fails today, those who wish to prevent our departure will seek to promote the conclusion that it is all too difficult and that the Government should ask the electorate to think again. That is why former Prime Ministers and their spin doctors, and all their great panjandrums of the past, are joining the chorus to condemn this deal, for they know that this deal is the key. There is no other. Destroy it—in some form or other, the only practicable deal—and the path to Brexit becomes shrouded in obscurity.”
“We should be deeply grateful, because in other ages and other places, such a moment could only have been achieved by means that all of us present would deplore—but we should not underestimate the significance of the moment because it was expressed peacefully by the ballot. If we approve this agreement, we know that we shall leave the EU on 29 March in an orderly way, and can commence negotiation of the permanent treaties. This agreement and the accompanying political declaration are the two keys that unlock the demand of the electorate that we should repatriate control over vast areas of our laws that hitherto have been in the exclusive legislative competence of the EU. If we do not take that first step, history will judge us harshly, because we will be plunged into uncertainty.”
“I say to the House with the greatest respect, we must seize this opportunity now. This is the key—the first of two—by which we unlock our future outside the European Union. I believe that it is an exciting future. I believe that the opportunity for this House to hold the pen on 40% of our laws, from the environment through to agriculture and fishing, should excite us as an opportunity to do good in this country. Let us not forget, however, that many outside this House as well as in it wish to frustrate the great end to which the people of this country committed us on 23 June 2016—17.4 million of them in hundreds of constituencies, regardless of party, voted to part company with a political structure that no longer commanded their assent.”
“I am admiring my right hon. and learned Friend’s speech minute by minute, but there is one point on which he is wrong. We cannot revoke article 50 unless we provide satisfactory evidence to the European Union that we are cancelling our departure—not suspending it, not pausing it, but cancelling it.”
“The institution of court proceedings for contempt is by me in relation to each case on its own merits. I institute proceedings when there is sufficient evidence, and when I, as guardian of the public interest, decide that it is in the public interest to do so.”
“It is always a serious matter for any Minister to find himself at odds with the House, particularly over an important question of constitutional principle. On reflection, and the opinion of the House having been tested twice, the Government took the decision to disclose the advice, but I must stress to the hon. Lady that successive Governments have defended that principle robustly. I have a list of very eloquent articulations of it by Opposition Members who have defended it against demands for the disclosure of confidential advice. It is an important principle, and I hope that the House will look again at the procedures relating to the motion for a return.”
“The impact of social media on the integrity and fairness of the trial process is obviously of considerable importance, and we do need to grapple with it. As my hon. Friend knows, we have a call for evidence on social media, and I am currently studying the responses to it.”
“As the hon. Gentleman knows, his party colleague the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) refined and defined the request, which was for the final and full advice that was given to the Cabinet, and that is what he has had.”
“As the hon. Gentleman knows, the principle of the convention applies and must be upheld. Of course the Government will consider very carefully, particularly in the light of the House’s expressed wish for assistance on these matters, what assistance they and I as Attorney General can give.”
“As noted in “Erskine May”, it is a long-standing convention observed by successive Governments that neither the fact nor the substance of Law Officers’ advice is disclosed outside the Government without their authority. That authority is very rarely sought or given.”
“Of course, the corrosive effect of the disclosure of confidential advice is that in future Attorneys General will not be able, without risking and fearing its publication, to give frank and robust advice to the Cabinet or the Prime Minister when it is needed, with the point and emphasis that might be needed at that particular time. The risk if it is published is that it is taken out of context, parts of it are seized and plucked and dwelt upon, and the particular moment and context of the advice is ignored. I do think we need to look very carefully at the procedures of the House in this regard while paying due respect to the legitimate desire of the House to have all of the information that it requires.”
“The request of the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) was for the final and full advice. As I understand it—I read what he said in Hansard — he requested all the final advice. In other words, he requested that it should not be summarised, and it was not. The House had all the final advice given to the Cabinet.”
“As I have just said, I will of course consider what assistance the House might require. Indeed, I shall listen carefully to the House on any changes that are introduced to the withdrawal agreement and on what the Government should do about publishing legal opinion on it.”
“The United Kingdom has a long tradition of ensuring that rights and liberties are protected domestically, and of fulfilling its international human rights obligations. The decision to leave the European Union does not change this.”
“I am always interested to see the measures that are being introduced in the Scottish legal system, because Scotland has a sophisticated and highly effective administration of justice for which I have the greatest respect. Indeed, we can learn a good deal from Scotland in that regard; the same applies to both traditions on both sides of the border. In England and Wales, we are fully committed to the human rights framework of the European convention on human rights, and we have a proud common law tradition of defending those rights. I would expect that common law tradition to continue to evolve, and I would expect that the courts of this country, freed from the European Union, will start to develop their own jurisprudence, making even more effective the protection of those rights. However, I will look at what the hon.”
“I quite agree with my hon. Friend. This country was at the forefront of the development of civil liberties and human rights. We have a robust, fiercely independent judiciary, and we have an effective legal profession on which the vindication of those rights often depends. We should be very proud indeed of the tradition that we have inherited.”
“It would be unwise for me to think that any Act of Parliament could not benefit from review and subsequent improvement as time goes on, but I can assure the hon. Lady that this Government—and, I am sure, successive Governments—will be wedded to both the rule of law and human rights in this country.”
“The decision of the European Court of Justice clarifies a question of EU law, and it does not in any way change the Government’s policy. The Government’s firm and long-standing policy is that we will not revoke the article 50 notice. The position has not changed and, as is well known, the case will now revert to the Scottish courts for the final decision.”
“The Government’s policy is that we do not intend to revoke article 50. We intend to leave the European Union on 29 March, and the fact or otherwise of the irrevocability of article 50 is wholly irrelevant to that question. The truth, however, is that the giving of notice under article 50 would not just be an easy matter of pressing a button and the revocation taking effect.”