EU Exit Negotiations

Debate between Bernard Jenkin and Dominic Raab

Tuesday 9th October 2018 Commons Chamber

[Sir Bernard Jenkin]

I commend my right hon. Friend and the Government for being absolutely determined to avoid any new infrastructure at the Northern Ireland border. Can he explain what the Government’s policy will be if we leave the European Union with no deal, and therefore there is no backstop and we have a customs frontier? Will the Government implement the technical measures to maintain an invisible customs frontier? Will he rule out any new infrastructure at the border between the north and the south?

[Dominic Raab]

I thank my hon. Friend for his question. We have been clear that we will see no return to a hard border under any circumstances. That has been made clear to not just all parties in Northern Ireland but the Commission in Brussels.

European Union (Withdrawal) Bill

Debate between Bernard Jenkin and Dominic Raab

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[The Minister of State, Ministry of Justice (Dominic Raab)]

It is a pleasure to follow the hon. Member for Sheffield Central (Paul Blomfield). At the outset, I would like to thank hon. Members from right across the House for their contributions to today’s debate, whether in speeches or in amendments. The Government will approach the Bill in the spirit of collaboration, and I certainly welcome the constructive contributions and diligent scrutiny hon. Members are rightly providing today. I shall seek to address clause 5, and the Solicitor General will address schedule 1 a bit later in the debate, to make sure we dwell adequately and with due consideration not only on the provisions of the Bill, but on the various issues and amendments, for which I am grateful to hon. Members, that have been raised.

Clause 5 serves two key strategic objectives: taking back democratic control over our laws and making sure we leave the EU in a way that facilitates a smooth Brexit and minimises legal uncertainty. The Bill aims to provide that the laws which apply immediately before exit day will continue to apply in the same way after we leave. Of course, the act of leaving the EU in itself means it is inevitable that some things will not and cannot stay the same. The changes made by clause 5 relate to certain aspects of EU law which are no longer appropriate, or which will not make sense when we leave the EU because we will then cease to be under the obligations that apply to us as an EU member state. The provisions are therefore essential.

Clause 5(1) ends the supremacy of EU law in relation to new law from the date of exit. That is crucial if we are going to give effect to the mandate from the referendum. At the same time, clause 5(2) makes sure that EU law passed before exit still applies as before, for the sake of legal certainty. That is important for mitigating the risks of legal uncertainty that are inevitable and inherent in departure from the EU. The rest of clause 5 reinforces those critical objectives, including by removing the instrument of the charter on fundamental rights as part of domestic law. I want to come on to address that in detail.

[Mr Jenkin]

May I refer my hon. Friend to clause 5(2)? My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), in his rather amazing speech which I think we all found very illuminating, said that this was a completely new principle to be applied in British law. Is it not just a translation of an existing principle in EU law into United Kingdom law for the purposes of a smooth Brexit? Is it not, in fact, less exceptional than being a member of the European Union and allowing a court in a wholly different jurisdiction to impose itself on parliamentary sovereignty?

[Dominic Raab]

I thank my hon. Friend for his intervention and I will come on to address very carefully the speech made by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). I agree that there is an inherent sense that, as we move to change, things are not going to be exactly as they were before. I want to draw a very important distinction. We are leaving the EU and taking back control over our laws and the way we make our laws, so that Members across the House can exercise proper democratic control. At the same time, the substantive law—the rules and the principles—will remain the same, because of the snapshot we are taking on exit day and retaining in UK law, thereby avoiding the putative legal cliff-edge.