Leaving the European Union

Lord Hannay of Chiswick Excerpts

Monday 26th November 2018 Lords Chamber

[Baroness Evans of Bowes Park]

I thank my noble friend. That chimes very strongly with the message from the public on this issue.

[Lord Hannay of Chiswick (CB)]

Can the noble Baroness think again about her answer to the noble and learned Lord, Lord Wallace of Tankerness? This is the third time that we have been round this course. Surely it is clear in the documents negotiated by the Prime Minister that, if there is a matter of interpretation of European law, the arbitration panel cannot decide it; it has to go to the European Court of Justice, and the European Court of Justice’s ruling on the interpretation of European law is valid. And is it not the case—I have never had an answer from the Government on this—that this withdrawal agreement or withdrawal treaty will be, necessarily, if the European side can conclude it finally before 29 March, European law?

[Baroness Evans of Bowes Park]

As I said, the CJEU would give a view only on the interpretation of the specific point of EU law. The arbitration panel would then take a decision on how to resolve the dispute.