argyrotsipi/train-dataset huggingface dataset:
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Oliver Heald (Conservative, Centre-right): I commend my right hon. and learned Friend on the statement he has made. Does he agree that in international law concepts of good faith and of using one’s best endeavours are very important, because right at the heart of international law is the idea of a rules-based system that good countries aspire to? Does he agree that it is therefore important both to the UK and to the EU that they should show good faith and should use their best endeavours? Does he also agree that if they did not do so when it came to the point that has just been raised by my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon) about paragraph 11 in the references to the protocol, it would be an absolute disaster for either the UK or the EU to be found not to be in good faith?
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): I do agree with that; the duty of good faith is a very solemn, well-understood one in international law. It would be an astonishing thing if the EU were not to negotiate in good faith, particularly after the act of good faith that this country, in concluding this agreement, will have committed itself to. So this is not something that can simply be ignored, but I fully accept that it is not a unilateral right of termination and it would not be easy to establish "bad faith" against an organisation of the type of the EU. It would never happen, because I do not believe that the European Union would descend to the kind of behaviour necessary for a bad faith claim to be brought successfully.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): I have enormous respect for the right hon. Gentleman and his suggestion, and I realise that other right hon. and hon. Members are considering similar things. I simply say this: what we cannot do is anything that is incompatible with our obligations under the withdrawal agreement. Any amendment to the meaningful vote that would introduce a qualification to our obligations under the agreement would be likely to be viewed by the European Union as a failure to ratify it and would justify non-ratification on its part.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
David Ian Jones (Conservative, Centre-right): My right hon. and learned Friend has pointed out that the best-endeavours clauses in the withdrawal agreement impose a duty on both sides to proceed with the utmost good faith in seeking to achieve an agreement at some time in the future. He has said also that these are obligations that are judiciable and enforceable. As a practical lawyer advising the House, as he has kindly offered to do, will he tell the House whether this is a matter about which the House should be relaxed? Or should we proceed at our peril?
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: Government Operations
Charles Geoffrey Cox (Conservative, Centre-right): If the vote had been lost instead, precisely the same position would pertain, which is that the Attorney General and the Government would be faced with a clash of constitutional principle. Of course the Government wish to do all they can, which is why I am here today to answer as candidly and frankly as possible the questions of the House on any matter about which it wishes to ask, but if I am satisfied and convinced that any disclosure of the kind the House has asked for would be contrary to the national interest, I cannot comply with the House’s request. I urge the House to understand that I am doing everything I can, as are the Government, to fulfil the spirit of the request. No matter upon which this House inquires will be dressed up, disguised or in any way downplayed. Nothing—nothing—will be held back.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: Government Operations
Charles Geoffrey Cox (Conservative, Centre-right): In all earnestness, when I gave my statement the hon. Lady will have noticed that I said that the House must understand the process by which the Law Officers give their advice. There may be no such "full legal advice". Law Officers are consulted ad hoc, on the hoof, in fast-developing circumstances. That is what I said at the beginning of the statement. The fact of the matter is that I am here to answer the hon. Lady’s questions. [Interruption.] Well, then I will see the hon. Lady at any time and at her convenience, when she can ask me any question I cannot breach the constitutional convention to a client—in this case, the Government—particularly if I believe, as I do with all candour and sincerity, that it would be contrary to the national interest in the course of a negotiation that might involve discussions about strengths, weaknesses and future strategies. [Interruption.] There was a sedentary comment from the Opposition; this is not arrogance. I wish that I could comply with the request of this House, but if I did, I sincerely believe that it would not be in all our interests. In a court, that matter can be resolved by a judge, but in the procedures of this House—it may very well be that we need to look at those procedures—there is no such arbiter. Therefore, although the House says that I should disclose, I believe that the public interest compels me not to. I am sorry.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Desmond Angus Swayne (Conservative, Centre-right): The backstop is in the agreement at the insistence of the EU, and it affords the EU a huge advantage and leverage when it comes to our determination never to be in it when we negotiate the future arrangements, does it not?
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): The answer is no. If anything, the leverage is in the opposite direction. The French, the Belgians and the Dutch all want access to our coastal waters, but this is outside the backstop’s purview. Therefore, they will want access and we will have to negotiate. We do not have to pay a penny. It is legally uncertain. We have regulatory flexibility in Great Britain. Northern Ireland has free circulation of its goods both to GB and the European Union. My right hon. Friend knows that I support leaving the European Union. If he wants my frank view, I believe that the European Union will be very keen indeed to do a deal with us.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): First, I point out to the hon. Lady that the advice of Lord Goldsmith was published two years after the event. What the House is now asking is that the advice, if any, given by the Attorney General be published in the middle of the negotiations, where we may still need to deploy many of the arguments connected with the withdrawal agreement in the future. Secondly, the advice of Lord Goldsmith was on a question of the lawfulness of the Government’s action. This is not a question of whether the Government acted lawfully; this is simply a question of whether the Government are acting wisely, on which Members of the House can disagree. There is a fundamental distinction between the position when the advice of Lord Goldsmith was given in 2003 and the advice today The advice that the Attorney General and the Law Officers give on a matter such as this could be replicated by any lawyer of reasonable competence. Why, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) could pop down to his chambers and find half a dozen lawyers capable of giving the same advice that I might have given on these points—probably better. The truth of the matter—what is so important about my advice?
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: Law and Crime
Charles Geoffrey Cox (Conservative, Centre-right): Well, it is very good of the House to attribute such importance to the Attorney General, but the reality is that, in terms of substantive effect, there are hundreds of lawyers who could give this opinion. [Interruption.] Let me finish.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: Law and Crime
Charles Geoffrey Cox (Conservative, Centre-right): The Attorney General has a very special role when the lawfulness of the Government’s action is at stake. There, it is true, he occupies a central role, because if he says it is not lawful, the Government cannot act contrary to his advice. But in a case such as this, the essential question before us all is a political question, not a legal one.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: Law and Crime
Charles Geoffrey Cox (Conservative, Centre-right): I think the right hon. Gentleman has plenty of opportunities to consult people other than me. Ultimately, what the House will have to decide is whether an Attorney General and a Government who are seeking to protect the public interest are in contempt of its motion when they have sought to comply with the spirit of it to the maximum possible degree, and when they have put their legal adviser at the disposal of the House and instructed him to give full, frank, complete answers to any question asked on the matters of law that any legal advice would have been likely to cover.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Stephen Crabb (Conservative, Centre-right): The Attorney General said that he would rather that there was a unilateral termination clause in the Northern Ireland protocol. Earlier, in the Select Committee on Exiting the European Union, Olly Robbins appeared to concede that one such clause had been drafted and had been tested with EU negotiators, but ultimately not deployed in the negotiations. Could the Attorney General confirm whether he was asked to provide legal advice on a unilateral termination clause and whether the decision not to include it in the negotiations was a political or a legal one?
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): I cannot. I cannot, without breaching the convention, disclose whether or not I was asked to advise on any particular point. But what I can say is that the question of termination clauses was most certainly raised in the negotiations, but the European Union declined to entertain those termination clauses. It did so because the backstop is envisaged as an absolute guarantee that in all circumstances, including that of no deal, there would be no hard border at the Northern Ireland-Republic of Ireland border. Therefore, to have a termination clause would be a contradiction in terms. It would not be a guarantee if you can walk away from it. That is the decision the House must face—in the light of that, it must decide whether this is an arrangement into which it should, given the alternatives, enter.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): The European Union’s original proposal, as the hon. Gentleman will know, was that Northern Ireland should reside in an entirely separate customs territory. The Government took the view that that was wholly and completely unacceptable. Why? Because there is virtually no sovereign state in the world that has separate customs and fiscal tariffs within its own sovereign territory. But there are many nations throughout the world in which different provinces and parts have regulatory divergence. The regulatory divergence in this case can be minimised to an almost, if not wholly, invisible extent. Furthermore, we do not wish, nor expect, to be in this arrangement. Under article 132 we can extend the implementation period, and if we are close to doing a deal, or even reasonably close, no doubt that is a choice that we will have to consider I say to hon. Members that I understand entirely their feelings of concern, even distaste, but this is a question affecting the whole United Kingdom and its interests. So vital is the fact that we should have an orderly exit from the European Union that, as people who hold the United Kingdom’s Union at their heart, I would urge them to consider supporting this agreement, for it is our means out of the European Union.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Christopher Robert Chope (Conservative, Centre-right): My right hon. and learned Friend told my right hon. Friend the Member for Preseli Pembrokeshire (Stephen Crabb) that the European Union is refusing to allow a get-out clause on the permanent backstop, but he has also told us that he does not believe that the permanent backstop is sound in European Union law. Can this matter be resolved by a reference to the European Court of Justice in the same way that the European Court of Justice gave its opinion in relation to the relevance of the Lisbon treaty requirement that the EU should sign up to the European convention on human rights? When it gave its opinion on that, it said that it did not think it was compatible with the EU treaties, despite the fact that it had been signed up to in that particular treaty. Can something similar be done in this case to remove the uncertainty?
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): There is nothing to prevent a case from being brought to the Court of Justice of the European Union on whether any agreement that is signed by the European Union is compatible with the treaties. But I would point out that, as I said earlier, the time at which the backstop becomes legally vulnerable, or most legally vulnerable, is the time at which it becomes, de facto, not simply temporary but permanent. It is at that point that the problem may crystallise in connection with the use of article 50 to conclude this agreement. The legal uncertainty about knowing whether the backstop would survive such a challenge is one of the factors, I believe, that will impel the European Union to conclude an arrangement with us in expeditious time.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: Law and Crime
Charles Geoffrey Cox (Conservative, Centre-right): The decision as to whether a Law Officer’s advice, should any have been given, should be published is a collective decision of the Government. The Attorney General must consent, but first, it is a collective decision of the Government. I hope that that answers the question. I had no discussions with the Chief Whip on this subject. None was sought.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Victoria Grace Ford (Conservative, Centre-right): As someone who was born in Northern Ireland, I hold the Belfast agreement as very precious, because it safeguards my birth right to be accepted as British or Irish or both. On 13 November, I listened closely when the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) changed his interpretation of the Opposition motion no less than four times. I thank the Attorney General for making it so clear that, in his view, the backstop is not a risk. On a totally separate issue, if we were in the backstop, would we have control of our fishing waters?
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): I am grateful to my hon. Friend for her question. May I say candidly that I did not say it was not a risk? It is a risk, but, weighed against the other risks of utter chaos, losing our departure from the European Union on 29 March or the consequences of so grave a breach of faith with the people of this country as to ignore the outcome of the referendum, I believe it is a risk that we have to take Secondly, my hon. Friend asked about fishing. She is right that in the backstop, there would be no access to our waters other than that to which we agreed.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): The whole principle of devolution is that there will be divergences between parts of the United Kingdom that are governed by devolved Assemblies. Unfortunately, in Northern Ireland’s case, that devolved Assembly is not at present functioning. Were the institutions functioning, they may well have been given a central role in these matters, because Northern Ireland shares a land border with the European Union and therefore calls for special, specific measures rather than the same considerations that apply to other parts of the European Union.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Philip Andrew Davies (Conservative, Centre-right): The Prime Minister has said on many occasions that if we were to leave without a deal, we would not pay any money over to the European Union. The Chancellor has said on many occasions that we are legally obliged to pay the money over to the European Union. Can the Attorney General tell us what we are legally obliged to pay over to the European Union to leave, and which treaties he is referring to when he gives us that advice?
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): The position on money is this. The view of the Government, and my view, is that we would have obligations to pay a certain amount of money were we to leave the European Union without a deal. The House of Lords European Union Committee concluded that there would be no obligation under EU law. That is a stronger argument—not necessarily an incontestable one—as to our obligations under EU law, but the Committee also concluded that we might have obligations under public international law, and with that I agree. There is an argument that we would not have an obligation under public international law, but it is an argument unlikely to be accepted by any international tribunal My view is therefore that we would owe a presently unquantifiable sum were we to leave the European Union without a deal. It is impossible at this stage to say how much. It is true that the European Union is not a member state and is not a state, and therefore it is unable to take the case to the International Court of Justice. It might therefore be difficult to enforce the public international law obligation that existed. However, I ask the House to reflect on the fact that if this country, acknowledging that such obligations probably exist or do exist, did not pay them, it would be likely to cause the deepest resentment, just as it would to any of us who were unpaid a debt. If we leave a club, we pay the bar bill. If we do not pay the bill, we are not likely to get a lot of consideration from the other side.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Robert James MacGillivray Neill (Conservative, Centre-right): I am glad that the Attorney General draws a distinction with the Iraq case. Surely the act of withdrawal from the European Union must be lawful, because it is authorised by statute in this case. As to his advice, is not the reality that any lawyer often has to advise as to the difference between a theoretical risk and a practical risk? Do I take it that his assessment is that the likelihood of a theoretical risk being crystallised—namely, because the European Union is prepared to breach international law by breaching the best endeavours and good faith clauses, and at the same time to risk breaching its own Union law by relying on article 50 to form a permanent arrangement, for which it is not envisaged for—is not a realistic one, and therefore he advises that we accept it?
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: Foreign Trade
Charles Geoffrey Cox (Conservative, Centre-right): If an EFTA-style arrangement —of course, a country cannot belong to EFTA if it is a member of a customs union—with a customs union were introduced, I see no reason why it would not satisfy the stated objectives of the backstop in protecting the hard border and north-south co-operation. The hon. Gentleman asked whether the arrangement is terminable. I think it is terminable on 12 months’ notice, but I may be wrong. However, a customs union would fall to be negotiated specifically with the European Union, and one would have to insist upon such a termination clause in that union. That would be a question of agreeing it with the Union.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: Law and Crime
Andrew James Bridgen (Conservative, Centre-right): Does the Attorney General agree with Dr Carl Baudenbacher, the recently retired president of the EFTA court, who said, "This is not a real arbitration tribunal—behind it the ECJ decides everything. This is taken from the Ukraine agreement. It is absolutely unbelievable that a country like the UK, which was the first country to accept independent courts, would subject itself to this"?
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Charles Geoffrey Cox (Conservative, Centre-right): I do not accept that characterisation because, in any event, the only things that can be brought before the tribunal are systemic, operational issues to do with the management of the agreement by both sides. The Court cannot get involved, once the winding down has taken place, in the resolution of individual disputes between the citizens and businesses of this country. Members really must understand that. It will be over: the ECJ’s jurisdiction will be finished once the winding down takes place. This is an entirely different situation to resolve disputes between the state of the United Kingdom and the European Union. Where we have agreed to apply European Union law, it makes perfect sense that the EU Court should interpret it, and then it should be applied by the arbitral tribunal. I have to say to my hon. Friend that I see no real fundamental objection to it.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: Government Operations
Charles Geoffrey Cox (Conservative, Centre-right): Well, that is what I understood the hon. Gentleman to have asked. With respect, I simply cannot accept that this is being done to protect the Government. It is not; it is being done for one reason only—the public interest. The question for this House is whether the Government, who are trying to protect the public interest, or any individual member of the Government are being contemptuous of the House, when they are driven—he is driven—to this position by a firm and conscientious conviction that it is contrary to the public interest.
Withdrawal Agreement: Legal Position — House of Commons, 2018-12-03
Topic: International Affairs
Anne Margaret Main (Conservative, Centre-right): May I suggest that when the Attorney General argued to the right hon. Member for Belfast North (Nigel Dodds) that the differences were merely niggling and almost invisible that that is a bit like suggesting someone is a little bit pregnant? This is a sell-out in terms of the Union, and at what point is our Prime Minister’s pledge that we would not make separate arrangements for any country in the Union going to be sold out, in his argument, in the national interest?