The Process for Triggering Article 50

Debate between Lord Bridges of Headley and Lord Faulks

Tuesday 24th January 2017 Lords Chamber

[Lord Bridges of Headley]

I completely agree with the noble Baroness that such abuse has absolutely no place in our society. As I said to the most reverend Primate, there is absolutely no reason for that. The court was simply doing what it is there to do, which is to hear a case. People are entitled to bring those kind of cases and they should continue to be entitled to do that. That is what the basis of our rule of law is all about and we must do all we can to protect it. As regards the first part of the noble Baroness’s question, I dispute what she is saying in the sense that I believe that the implications of leaving the European Union were set out pretty clearly in the referendum campaign by both sides. Indeed, I have somewhere here long lists of those on both sides of the campaign saying what a vote to leave would mean, especially that a vote to leave would mean leaving the single market. Therefore, I do not believe that that was unclear. As regards the uncertainty, I concur: obviously there will be uncertainty in a period of change such as this. The Government are doing what they can to set out wherever possible how we will bring certainty to the situation that we are in. As I said a moment or two ago, the whole thinking behind the great repeal Bill is to port EU law into UK law, so that on day one we are certain about where we stand. I think that is a good approach to follow and I hope that over the weeks and months ahead people will understand that better than they may do at the moment.

[Lord Faulks]

My Lords, I very much welcome the fact that, in the Statement, the Government have made it absolutely clear that they respect the judiciary’s independence and accept this judgment, and have done so promptly. It is, of course, a sign of a functioning democracy that the Government, however irksome that they might find it, will lose cases from time to time. Turning to the democratic legitimacy of the referendum, this was an Act of Parliament giving a vote to the people. Does the Minister agree with me that it is a somewhat imaginative interpretation of that vote that what the people of the country were really saying was that they wanted a second referendum?

[Lord Bridges of Headley]

I entirely agree with my noble friend. As I said before, a second referendum would lace a situation that the noble Baroness spoke of a moment ago—in which people feel uncertain—with even more uncertainty. This is absolutely not what we wish to have.

A New Partnership with the EU

Debate between Lord Bridges of Headley and Lord Faulks

Tuesday 17th January 2017 Lords Chamber

[Lord Bridges of Headley]

My Lords, it is since people voted to leave the European Union in the referendum on 23 June. The consequences of that vote and the options open have therefore been analysed and assessed, and the Prime Minister has set out the plan that we have heard today.

[Lord Faulks (Con)]

My Lords, it is quite clear from the Statement that after Brexit, the jurisdiction of the European Court of Justice will end. However, there is suggestion in some quarters that European law could in some way be rediscovered as the common law by the judges of our courts. Can my noble friend confirm that the continued application of EU law is a matter for Parliament alone?

[Lord Bridges of Headley]

My noble friend makes an interesting point. We have made it clear today as regards the ECJ. I will have further things to say about the application of EU case law, as and when we outline our proposals on the great repeal Bill, but the thrust of what he says is correct.