Rule of Law Debate

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Department: Scotland Office

Rule of Law

Baroness D'Souza Excerpts
Thursday 10th September 2020

(3 years, 7 months ago)

Lords Chamber
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Lord Keen of Elie Portrait Lord Keen of Elie (Con) [V]
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The situation outlined by the noble Lord does not reflect that which exists in the context of a potential tension between our domestic legal obligations to Northern Ireland and the terms of the withdrawal agreement, in the event that we do not achieve the goals that all parties intended, including the ability to ensure the maintenance of the Belfast agreement.

Baroness D'Souza Portrait Baroness D'Souza (CB) [V]
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My Lords, tanks on the lawn will not, in the UK at least, herald the end of democracy or of adherence to the rule of law. It is shocking that the following clause is set out in government-proposed legislation:

“Certain provisions to have effect notwithstanding inconsistency or incompatibility with international or other domestic law”.


Will the Government either withdraw this derogation or provide compelling justification for its inclusion?

Lord Keen of Elie Portrait Lord Keen of Elie (Con) [V]
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My Lords, the Government will seek to provide compelling justification for its inclusion. Ultimately it is for this Parliament to determine whether that case has been made.