European Union (Withdrawal) Bill

Debate between Baroness Ludford and Lord Beith

Monday 18th June 2018 Lords Chamber

[Lord Beith (LD)]

My Lords, in the same spirit, I thank the Minister for the full and careful explanation he has given today and thank him and the Solicitor-General for their assistance in going into this carefully. My concern was about setting up the Government and Ministers as gatekeepers to the court room without any clear principles or certainty about whether there would be regulations. We now have on the record a much clearer indication of how these powers might be used. That is not perfect but it is a distinct improvement on where we were and I do not intend to press my amendment in that circumstance.

[Baroness Ludford (LD)]

My Lords, I hope the Government will keep an open mind in the future about the charter in the terms in which the Motion of the noble Lord, Lord Pannick, was framed—that is, as a guide to interpretation of retained EU law. While the noble and learned Lord, Lord Keen of Elie, said that most of the charter rights are found in other sources of law, not all of them are. This may prove to be an issue in the Brexit negotiations, which is why I hope that the Government might have cause and justification to revisit it.

I suggest that in the context of security co-operation and data transfers for the tech industry, this may be a factor in the extent and scope of our co-operation with the European Union in the future. I therefore make a plea that the Government do not totally close their mind to the EU Charter of Fundamental Rights as a guide to interpretation because I think that could be well received by those whom we have to persuade on the scope of co-operation.