Peter Dowd

My hon. Friend makes a really important and fair point. We have to be very careful in this area when we have international obligations, and we have to be even more cautious when we are dealing with the situation that we found ourselves in given the context of the Belfast agreement. I am drawing to a close, Members will be pleased to know, but it is worthwhile exploring the concept in a little more detail, because as I said, it goes to our position as a custodian. The circumstances in which we can depart from obligations are fairly clear: for instance, by mutual agreement—that is unsurprising—or implied right to withdraw. Neither of those is the case in this situation. Perhaps the hon. and learned Gentleman thinks they should be, but I do not believe that they are. Can we say that the treaty or agreement is no longer in place due to agreed time limits or sunset clauses? The answer to that question is no. Has the other side materially breached the treaty or the agreement, which would in turn absolve us of our obligations? Well, I do not think that applies either. What about our ability to carry out the agreement because of the “disappearance or destruction” of an object crucial to the operation of the treaty? That get-out clause does not exist, either; well, not that I am aware. In fact, the Windsor framework is protected by the Vienna convention on treaties, as was brought out during the statement that I referred to.