On this point of the legality, it is clear from how the Human Rights Act has been drafted that, where there is an incompatibility, ultimate sovereignty
remains with Parliament and the Government. Therefore, the issue of illegality is separate from incompatibility. Given all the points that the right hon. Gentleman has made about the opacity, the shifting goal posts and the difficulty of nailing down the case law in Strasbourg—it does not have a doctrine of precedent—does he also agree that, for all the talk of Government legal advice, it is almost next to impossible, unless one is giving defensive and cautious advice, to give clear and focused advice on where Strasbourg will go, let alone where it is currently at?