(5 years, 8 months ago)
Lords ChamberThis Government are going to deliver on the wishes of the British people, as expressed in the referendum. We and the EU have been clear that this is the best deal possible. It is a deal that we have worked extremely hard to secure and it will lead to a strong relationship between the UK and the EU in future. That is what we have been working towards and want to deliver to the British people, because that is what the British people wanted.
My Lords, I ask the Leader: what will happen if, as seems very likely, the House of Commons does not approve the deal in the week of 14 January? Are the Government prepared to seek an extension of the Article 50 process in order to avoid the worst possible result, which is that we leave the EU with no deal?
The Government will be working very hard to get the deal through the House of Commons. But, as I said in response to a previous question, if the House of Commons chooses to reject the deal, there is a process set out in legislation, which we will follow.
(6 years, 8 months ago)
Lords ChamberWe are committed to seeking continuity in our current trade and investment relationships, including those covered by EU FTAs and other preferential trading arrangements. We are working to agree arrangements with those partner countries to replicate, as far as possible, the effects of these agreements.
My Lords, the agreement envisages that our courts will have a discretion to refer cases about citizens’ rights to the European Court in Luxembourg. Do the Government intend that legislation will provide any guidance to our courts as to how they should exercise this discretion? If the Government do not provide guidance, our courts will be required to decide issues of very considerable political sensitivity.
The ability of our courts to ask the ECJ for a view will be voluntary, very narrowly defined and time limited. Our courts can choose to ask the ECJ for a legal view on the law in relation to citizens’ rights where there is a point of law that has not arisen before. If the past is a guide, we would not expect this to happen very often; it currently happens for about two or three cases a year in this area of law. This ability will be strictly confined to those citizens’ rights as exercised under the withdrawal agreement by EU citizens who were settled here before we leave the EU. It will not extend in any way beyond that.
I know that the noble Baroness has raised this issue on many occasions. I hope I can reassure her that the very purpose of this review is to ensure that the original objective of maintaining access to justice for everyone has been achieved. Of course she is right that there has been an implementation of fees, but we also introduced other reforms that have had an impact. For instance, early mandatory conciliation helps to divert people from going through acrimonious hearings. That must surely be a better approach. In its first nine months, more than 60,000 people accessed this scheme. We are very clear that of course people must maintain and have access to justice, but there are other, better ways for employees with legitimate claims to try and resolve their disputes outside a tribunal if they can.
My Lords, will the Government also establish a review into the substantial increases in court fees that are damaging access to justice for small businesses that seek to recover debts and for victims of personal injuries who are seeking compensation?
My Lords, I have a slight sense of how Daniel might have felt when he first faced Goliath when I have to answer a question from the learned noble Lord. I assure noble Lords that any specific proposals that the Government have for changes to court or tribunal fees will be consulted on and brought before Parliament for the appropriate level of scrutiny.