YouSaid · the spoken record
Geoffrey Cox
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On the record 2005–2026
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“But the political declaration says there is none, and we cannot belong to the single market without free movement. So I say to my hon. Friend that I understand where these fears come from, but we must be bold and courageous, and we must move forward, for the sake of our country.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I simply say to my hon. Friend that I really do not believe so. Why not? Because the commitments now cemented on alternative arrangements, which require a separate negotiating track, with a timetable to negotiate them, are now built in so that, as I have said in my written opinion, it would be extraordinary if the EU declined to adopt any such measures. It would be extraordinary, so I do not accept that the backstop is the base for any future arrangement. Let me give another reason why it is not. Built into the political declaration is an independent free trade policy, and we cannot have an independent free trade policy and have a customs union. Also built into it is no free movement. Does the Labour party support free movement now? It speaks with all sorts of voices.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I do not agree with the right hon. Lady. This instrument will be deposited with the withdrawal agreement, and it contains material new obligations, which are couched in the language of agreement. That represents an agreement between the parties not only about the interpretation, but about specific operational commitments. This has a standing equal to the withdrawal agreement, including in its material commitments, particularly those relating to obligations of an operational character. So I do not agree with her; what she says is not right. We have to look at the substance, not the label. The right hon. Lady asks whether negotiations are at an end. Yes, they are at an end. This is the moment of decision. We now have to take the fork in the road, and we are going to have to assume our responsibilities for it.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“As my right hon. Friend knows, if the parties, using best endeavours, in complete sincerity with co-operation and good faith, are simply unable to agree anything, not even a few alternative arrangements or a partial agreement—the subsequent agreement referred to in the protocol can of course be a stand-alone agreement—the UK has no unilateral exit right to leave, unless there were a fundamental change of circumstance under article 62 of the Vienna convention on the law of treaties. My right hon Friend knows that, but the question is: is it likely? What this deal has now done is place the burden on the EU to negotiate those alternative arrangements, as a result of his work, in part. I say to him that he should trust in himself, trust in the British people and trust in our ability to deliver a good deal.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The hon. Gentleman will forgive me for saying that I am afraid I am not permitted by the Law Officers’ convention to say whether I gave advice or what advice that would be.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I entirely agree with my hon. Friend on that. With the law, we are not able to put something into a test tube, hold it over a Bunsen burner and, if it turns green, get the answer. The law is a question of judgment, and it is always blended with political considerations or, in a commercial context, with commercial considerations. The preponderance of the two form a single judgment. It is my judgment, as my hon. Friend knows, that this risk is a calculated one, but one that we can now take. I firmly believe that these new improvements make that risk more acceptable and easier for the House to take.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I would need to see the hon. Lady’s quotation in detail. The position is that if you agree and put your name to a joint instrument of this kind, you are bound by it. You are bound by it as to its interpretation and, if it expresses agreement to specific operational commitments, as this one does, you are bound by it on those, because it is an agreement that you will then carry out those specific commitments. It is an agreement, so we should not get hung up on labels. The question is: what is its substance? It is binding.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“And so it was under that particular Prime Minister! I was telling the hon. Gentleman the complete truth, as I am telling him it now. I have forgotten what the other question was—that was a betrayal of robing room talk. I am so taken aback by that question that I think I had better sit down.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“A sovereign state has the right to withdraw if a treaty is no longer compatible with its fundamental interests or, to put it a different way, if fundamental circumstances have changed. I would say that apart from that, of course this country could resile from its commitments, but it would be unwise and it would not be in the tradition of this country to do so. In those circumstances, it is perfectly true that the only remedies the Union would have would be to take countermeasures, and no doubt it would pollute the atmosphere for fruitful relationships between us, which is precisely why this country will never do it, and neither would the European Union.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Well, my hon. Friend will know that as an Attorney General I simply could not give countenance to the idea that this country would break its international legal obligations. As I have pointed out to the House, there is a right for the United Kingdom to terminate this agreement. If fundamental circumstances change, in the view of the United Kingdom, it would attempt to resolve the matter within the joint committee and it would attempt to resolve it politically, but if, ultimately, with the sovereign right of this House and of the British Government at the time, the United Kingdom took the view that those fundamental circumstances had indeed changed, it would have an undoubted legal right to withdrawal from any treaty. Let us be clear about these kinds of absolute interpretations of black-letter text.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“But in every other circumstance, we have said to the people of Northern Ireland, “We will ensure that your lives will be able to continue as they do now at the border.” I say that that act was worthy of this House, worthy of the Government and worthy of the British people, and it is one that is worthy of support.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“We have made a solemn pledge to the people of both Northern Ireland and the Republic of Ireland that the border will be guaranteed never to be a hard border. That required the United Kingdom to say that in all normal circumstances we will not depart from that pledge. I repeat the point that I made to my hon. Friend the Member for North East Somerset (Mr Rees-Mogg): in the case of a fundamental change of circumstance, which is ultimately the sovereign right of this House and the Government to determine, the United Kingdom could withdraw, pursuant to customary international law. So it is not true to say that there is not ultimately the right of this House and the Government of the country at the time to exercise their discretion to do so in those circumstances.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“No, no, no. What I said to my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) was that we would not do it in breach of the law. We are permitted, in a case of fundamental change of circumstances, to withdraw by the law. If such a change of circumstance came about—either because of some fundamental political change in Northern Ireland or some fundamental change of circumstance going to the essential basis of the agreement—then we would have the right to withdraw. But in all normal, envisageable and predictable circumstances, particularly while we are negotiating a subsequent agreement to the pace and accelerated timetable that this instrument now requires, we would not do so and it would be wrong to do so—wrong because it would be a breach of our obligations and wrong because this is a law-abiding country.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“No, no, no. We have not been attempting to secure alternative arrangements now. We have been putting forward the fact that, in the future, all those alternative arrangements are likely to exist, so the European Union has responded by saying, “We will set up a new, special negotiating track, we will negotiate with an increased urgency and to a new timetable and we will implement these”—they have defined them—“customs procedures and technologies and so on.” So it is not right to say that the same situation arises now. These systems will be developed over time and that is the purpose of the working group that the Union has agreed to set up with this country.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“First, may I say to my right hon. Friend that I am extremely grateful for the dialogue that we have had and he was, in no small part, the author of the seeds of this idea. Much of the material that he and other distinguished lawyers have been able to contribute has led to the proposal that we have now adopted. But I say to him that the unilateral declaration in this case does not need to say “conditional” because it is not objected to by the Union and, if it is not objected to, and the withdrawal agreement is ratified by the Union, it becomes binding.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I will try to obey the hon. Lady’s strictures about comments that I have made before. May I say to her that that is not quite right? I have said that the legal risk is reduced. The legal risk of being held in the backstop by bad faith or by want of best endeavours has reduced. It has reduced because of significant improvements which, as I have said, set the context and benchmark for the enforceability of those important duties. But it is absolutely true, as she rightly says, that the risk of remaining in the backstop absent any fundamental change of circumstance, if no bad faith or if no want of best endeavours is present, remains the same.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Yes, I do. Given what is at stake for the people of Northern Ireland and the Republic of Ireland, for the credit and faith of the European Union, which will be on the line, and for our ability to measure its performance against the detailed timetables and procedures that are now in place, I simply do not believe that we will be unable to reach any agreement with them. I repeat: it is perfectly possible to approach this in stages—to agree several agreements. We will be able to agree something over the next two or three years and the first priority, which is set out in this instrument, is the subsequent agreement replacing the backstop.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The hon. Gentleman is not right about that. Under article 184 of the withdrawal agreement, there is a legal duty on the Union and the UK to negotiate a deal that is in line, and according to, the political declaration. He asks, is there any unconditional right to withdraw? With respect, I have answered that question. The only circumstance in which there would be an unconditional right to withdraw is if there were a fundamental change of circumstances pursuant to customary international law.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Let me make it clear: the United Kingdom is the United Kingdom, it includes Northern Ireland and there is no circumstance in which the Government of this country, and certainly not a Conservative Government, will ever leave Northern Ireland behind, subject to the obligations under the Belfast agreement. That has been proposed, as my hon. Friend knows. It has been proposed that we should have a termination right for GB only and the Prime Minister explained why that was unacceptable.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“It does make perfect sense. I have to say that I would have preferred to have seen a right of termination, mitigated and graduated, fairly balancing and apportioning risk, and only useable in a last resort, but the Union was not willing to agree to such a reasonable—and what I considered to be moderate—proposal. I agree with the hon. Lady, which is why I voted for the deal. It is sensible that that assurance can be given, and that is why the British Government have given it. I would say, though, that best endeavours is not—particularly now, with the context heightened and the benchmarks tightened—a meaningless duty, because best endeavours requires that a party should consider proposals that are contrary to its interests, and it may have to accept them.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I understand my hon. Friend’s frustrations, but I do not agree with his language. I have found those with whom we are doing business in the European Union to be perfectly reasonable and rational people, and I have no complaint about the manner in which negotiations have been conducted—they have always been conducted with cordiality and civility on both sides—so I do not believe that we cannot trust them to reach a deal, because it is in the interests of the Union itself.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I am not convinced that I fully understood the question, perhaps because I did it too much justice and thought it might be a sensible one. The truth is that I doubt I agree with it.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“No, I do not agree. The position is more nuanced than that. The pattern of refusing to accept reasonable proposals such as alternative arrangements that could not be said to compromise fundamental interests at the border would be raised immediately—a prima facie question. A pattern of consistent refusal would raise a prima facie question over the best endeavours and good faith clause. As my hon. Friend will have seen, some of these provisions are already in the joint instrument, including systematic conduct, declining to consider, declining to be flexible and declining to consider adverse interests. These best endeavours duties are real duties that are contained in commercial contracts all the time. They are litigated and brought to court, as he will know. We must not allow our fears to run away with us. We need to trust ourselves.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“We cannot underestimate the complexity of separating ourselves from 45 years of organic, legal and other integration with the European Union, but this withdrawal agreement does not underestimate that; it addresses the issues at a complex level, secures rights, and fairly apportions the dues and obligations. It is a deal that we need in order to achieve the first stage of that separation.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Of course, claims are made on both sides of the argument in any election or battle before the electorate. I remember some pretty exaggerated ones being made on the hon. Gentleman’s side of the argument, to be frank. If there is a serious point lying beneath that stream of adjectives, I would have to say that I agree with the hon. Gentleman in one respect: the enemy of the interests of this country is dangerous oversimplification of the complexity of the problems that we face. If that is the point that resides beneath his question, I would agree.”
House of Commons12 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“These discussions will be resumed shortly.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I regularly meet ministerial colleagues to discuss important issues of common interest, including matters relating to the United Kingdom’s exit from the Union. I am unable, I am afraid, to talk about the legal content of those discussions because, as the hon. Member for Bishop Auckland (Helen Goodman) will know, the Law Officers are bound by the Law Officers’ convention to disclose neither the fact nor the content of that advice. I remain committed to considering what assistance I personally can provide to this House on the legal implications of the backstop, to ensure that Members have what they need to make an informed decision. We have been engaging in focused, detailed and careful discussions with the Union, and we continue to seek legally binding changes to the backstop that ensure it cannot be indefinite.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“It is Government policy to achieve the necessary change in the backstop that will cause me to review and change my advice. That is Government policy; that is the subject of the discussions that we are having. I would say that it has come to be called “Cox’s codpiece”. What I am concerned to ensure is that what is inside the codpiece is in full working order.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The plans for next week are not mine to decide, but what I can tell the hon. Gentleman is this: we are discussing detailed, coherent, careful proposals, and we are discussing text with the European Union. I am surprised to hear the comments that have emerged over the last 48 hours that the proposals are not clear; they are as clear as day, and we are continuing to discuss them.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“We will endeavour to give as much notice as we possibly can. Of course those discussions are running. They will resume very shortly and continue almost certainly through the weekend. We will endeavour to give the House notice as early as we can, if and when we have something to report. My hon. Friend made a second point about the Bill. That is not for me to decide, although I will certainly discuss the matter with those who will make that decision. We will endeavour to give the European Scrutiny Committee, and my hon. Friend, the earliest possible notice.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The law is the law. The question of whether whatever is negotiated with the European Union affects the legal risk of the indefinite duration of the backstop is a matter that I shall judge entirely impartially and objectively. If I did not, I would be conscious that there are many lawyers—”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The hon. Gentleman may be right. There are many lawyers who are eminently capable of deciding whether I have got my judgment right or wrong.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“That is a question I would have expected from such a sophisticated Select Committee Chair. The problem is that although the arbitration system applies to the protocol, the question that one asks the arbitrator is at the heart of the effectiveness of any arbitration. Although I am not at this stage able to disclose to the right hon. Gentleman the question that has been proposed by the United Kingdom to the Commission, the question is everything. He may very well need to take that into account, because the question about when the protocol would end is likely to be determinative of whether the mechanism is effective.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I am most grateful to my hon. Friend for that question, and of course he is right. Any negotiation of this kind involves dealing with complex legal questions and matters, and a running commentary that is partial and often based on hearsay and rumour is not helpful to the analysis of the question, or conducive to the success of the negotiations.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The hon. Gentleman knows that if I were to answer that question, I would be breaching the Law Officers’ convention. All I can say is that I turn my mind to a great many of the legal implications of the treaty, and those that he has mentioned have not escaped me.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I think the hon. and learned Lady knows that the Secretary of State has corrected those comments. I do not think it is necessary for me to advise her on the various matters that she suggests. I believe firmly that the Secretary of State will not have intended any offence and she has, in any event, corrected those remarks.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I assure the hon. Gentleman that I shall be putting them to the star chamber of this House. I am delighted that there are eight very distinguished Members who are going to sit in judgment on my opinion, but I expect and welcome the judgment of all Members of this House, on both sides of it.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The hon. Gentleman is labouring under a misconception. I am not appearing before any star chamber, either on this side of the House or the other. The star chamber I am appearing in front of is this House. I will account to this House. I am not going to be appearing in front of any star chamber, although it is composed, as I say, of exceptionally distinguished people. Any Member of this House can come and see me if they like and I shall account to this House. I say to the hon. Gentleman: do not grieve because I shall, I assure him, be wholly open about my advice. He asks me whether I will commit to publishing it. I will commit now to saying to this House that I shall publish my legal opinion on any document that is produced and negotiated with the Union.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The priorities of my Office are published in the business plan. In relation to the UK’s withdrawal from the Union, my priority continues to be supporting the successfully delivery of the Government’s objectives by giving legal and constitutional advice within the Government, and, in particular, by contributing to international negotiations. I take a keen interest in the programme of Brexit-related domestic legislation and I am of course involved in supporting preparations for future international co-operation with the Law Officers’ Departments and the prosecution agencies.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The hon. Lady knows that she is asking me questions that belong to the Department for Transport, not to me. These matters do not come to the Law Officers unless they have a Law Officers’ point, so the reality is that I am afraid I must direct her to my right hon. Friend the Secretary of State for Transport.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“It grieves me to have to say to the hon. Gentleman that he knows I will be bound, and am bound, by the Law Officers’ convention not to disclose either the fact or content of my advice, if any were given on that subject. I am sorry.”
House of Commons7 March 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The Crown Prosecution Service plays a central role in combating money laundering, terrorist financing and the pursuit of asset recovery within our criminal justice system. Dealing with illicit finance through the prosecution of money laundering offences remains a critical priority for our prosecuting agencies. Just last year, more than 1,400 convictions were sustained where it was the principal offence charged in the Crown Court.”
House of Commons31 January 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“My hon. Friend must remember that the financial action taskforce in December carried out an evaluation of system responses to money laundering. Of the 60 countries assessed, the United Kingdom emerged first for having the most effective system in the world for combating money laundering. Set against that background, we can make improvements and I hope to make them through the governance changes that I am introducing. We are instituting a ministerial board, which I shall chair. We shall have a much stronger grip on information coming from the Crown Prosecution Service, and we hope to anticipate problems before they arise.”
House of Commons31 January 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“Last year, £80.1 million was recovered by the Crown Prosecution Service, but I am afraid that I am not in a position to help the hon. Gentleman with regards to the community funds. I can undertake to write to him with those details, and I hope that he will be satisfied with that.”
House of Commons31 January 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“The Government are unstinting in their admiration and gratitude for the work of the armed forces. We expect the highest standards of our service personnel, and the overwhelming majority meet those expectations, serving with great honour and distinction. The Government are taking very seriously the concerns that have been expressed by this House about investigations and prosecutions of veterans in historical operations. The Secretary of State for Defence, the Secretary of State for Northern Ireland and I are looking carefully at the measures available to us, and we shall be making announcements during the course of this year.”
House of Commons31 January 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I can confirm that we shall give consideration to a derogation from the convention before future military operations commence. That will necessarily depend on the nature of the operation, and the circumstances and facts of the activities that we are contemplating, but it will now be a consideration that will be taken into account before any military operation.”
House of Commons31 January 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I can give the hon. Gentleman that confirmation. No area of the United Kingdom can be left out; plainly that would be wrong. As he knows, that does not mean that there may not be particular considerations peculiar to Northern Ireland that have to be taken into account, and I am in discussions with the Secretary of State for Northern Ireland about those considerations.”
House of Commons31 January 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“As my right hon. Friend knows, I have the greatest respect for all those who have served in our armed forces. My own family were an armed forces family, and I am acutely anxious to resolve this question to the satisfaction of this House. The measures that we have in mind would not be peculiar to one area of the United Kingdom, would be comprehensive and, I hope, would give dignity, peace of mind and assurance to all those who have served in our armed forces. We are anxious to make announcements as soon as possible.”
House of Commons31 January 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“In relation to the United Kingdom’s withdrawal from the European Union, my priority is to support the delivery of the Government’s objectives. That includes giving legal and constitutional advice within the Government on our international negotiations and treaty obligations, the programme of domestic legislation to implement the consequences of exit, and of course supporting preparations for future international co-operation between the law officers departments and with prosecution and other criminal justice officers.”
House of Commons31 January 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗
“I have already said to the House that in future, on matters of law that are particularly relevant to the House’s consideration, I and the Government will consider releasing advice that has been given on these questions. I will not give any guarantee in advance, but let me make it plain that I shall listen carefully to the House and, in so far as it is needed, I will endeavour to satisfy Members.”
House of Commons31 January 2019Contains Parliamentary information licensed under the Open Parliament Licence v3.0Source ↗