Attorney General Geoffrey Cox confirming the below reasoning in his comments now to Commons
“It’s a trap” shouts Tory MP when Cox says “There is no unilateral right for either party to terminate this arrangement”
Cox asks for MPs that although Brexit stirs high emotion they should show “wisdom and forebearance, calm and measured analysis”
AG says there is no unilateral exit from backstop BUT it will be a matter for politics and diplomacy, and mutual interest of both sides not to be in it...
Father of the House Ken Clarke backs up Geoffrey Cox’s “masterly” exposition of the law - which won’t help persuade the Brexiters
Cox: backstop is “solemn commitment to people of NI to respect Belfast Ag
I make no bones about it I wouldve liked to see a unilateral right of termination... but I am prepared to lend my support...”
“Ohh no” shout MPs
“I do not believe we would be entrapped in it permanently”
I make no bones about it I wouldve liked to see a unilateral right of termination... but I am prepared to lend my support...”
“Ohh no” shout MPs
“I do not believe we would be entrapped in it permanently”
AG Geoffrey Cox to SNPs @joannaccherry : “she asks me ‘Is there anything to prevent the [backstop] protocol becoming permanent in event of no agreement?’
As a matter of international law? No.
As a fact of intl law it would endure indefinitely pending a future agreement”...
As a matter of international law? No.
As a fact of intl law it would endure indefinitely pending a future agreement”...
BUT Cox says (as I reported is the second half of the sentence or clause reported in the Sunday Times)
“As a matter of EU law it would be highly vulnerable as A50 is not a sound legal foundation for permanent future relations...”
“As a matter of EU law it would be highly vulnerable as A50 is not a sound legal foundation for permanent future relations...”
Cox: ”if negotiations irretrievably broke down it wd become de facto permanent therefore seriously challengeable in ECJ for being invalid. That alone promotes EU to do deal..profoundly detrimental to single mkt. One factor that convinced me that this risk is a risk worth taking”
DUP’s Dodds quoting Cox back as saying this backstop is “deeply unsatisfactory”... Cox says “I don’t mind confessing that I have wrestled with this question...as a unionist any divergence I dislike... if we were in it would be as much an instrument of pain for EU
amazing constitutional moment and this is why Attorney Generals do not appear in Commons:
Geoffrey Cox, legal officer role: we can not unilaterally exit backstop
Cox as Cabinet minister/ politician:
backstop will collapse legally under EU law if activated anyway, so worth risk
Geoffrey Cox, legal officer role: we can not unilaterally exit backstop
Cox as Cabinet minister/ politician:
backstop will collapse legally under EU law if activated anyway, so worth risk
Here it is - all Opposition leaders in the Commons including the Governments own confidence & supply partner the DUP sigh letter demanding Speaker holds debate on finding Government in contempt of Parliament 
To Yvette Cooper, Cox: In Backstop regulatory frameworks dealt with “by non regression clauses that are non enforceable by EU institutions or by arbitration arrangements, policed solely by UK courts - we can have regulatory flexibility that they can’t...”
won’t win Labour votes
won’t win Labour votes
So the Withdrawal Agreement Non Regression clauses on environmental standards, workers rights, tax etc are not legally enforceable by EU, says Attorney General
“Grow up and get real” thunders Attorney General @Geoffrey_Cox at the Opposition benches, though after a question from Rees Mogg...
“grow up and get real” thunders @Geoffrey_Cox to the Opposition after Rees Mogg demands the legal advice.
(*with Sound)
(*with Sound)
Quite interesting that AG Cox gave a detailed answer to @SKinnock confirming that with Norway Plus...no backstop required “if an Efta style arrangement with a customs union were introduced I can see no reason why it wouldn’t satisfy the stated objectives of the backstop”
Yep, he’s thought about it though. He said Uk couldn’t be an Efta member and in customs union, but could be in an Efta style arrangement and a separate negotiated customs union. Must have done legal advice on it.
AG Cox to @KemiBadenoch “you cannot have an independent trade policy and belong to a conventional customs union”... conventional. Hmmmm.
Blimey - I clocked one of first bits of Future Framework was promise to stay in ECHR (was being pondered by Team May end 2016 as manifesto plan to quit) AG Cox: “ECHR already protected by Belfast agreement, it’s embedded in the BA and would have to be preserved for that reason”
So in reply to @ChrisPhilpMP AG Cox confirms that UK can not/ will never now leave the ECHR, which was something actively floated by May and team in 2016, because of the Belfast Agreement/GFA & now hardwired into Brexit Deal
This strikes me as an incredibly important point. Remember the unpopular court cases that helped build anti-EU/ Brexit feeling were more often than not EctHR cases and nowt to do with EU. Brexit now means we can’t leave ECHR, tho Cox says it’s Good Friday Agreement / BA more.
So @Geoffrey_Cox facing Contempt of Parliament in unprecedented motion of Opposition parties incl DUP tomorrow granted by Speaker...
Irony is his appearance today was one of the most frank/informative* on Brexit of any Cabinet minister in entire process
hansard.parliament.uk/Commons/2018-1…
Irony is his appearance today was one of the most frank/informative* on Brexit of any Cabinet minister in entire process
hansard.parliament.uk/Commons/2018-1…
* except of course refusal on actual issue at hand. My understanding of what i have been told about the legal advice, is he pretty much verbally articulated all the salient points in it... no unilateral exit from backstop, but ECJ would strike it down if it ever looked permanent
