European Union (Withdrawal) Act

Baroness Hoey Excerpts

Monday 25th March 2019 Commons Chamber

[Mr Lidington]

I certainly hope that we have the opportunity to vote again on the withdrawal agreement this week.

[Kate Hoey (Vauxhall) (Lab)]

The Minister has said very clearly that the Government have responded to and honoured two of the motions passed in the last couple of weeks, but what about that huge majority for the withdrawal legislation and leaving on 29 March, which is still on the statute book? Now, because of some agreement stitched up between the Prime Minister and the EU, we will not have the chance to decide or look at that. Is that not constitutionally incorrect—apart from being legally incorrect?

[Mr Lidington]

I will say a bit more about the statutory instrument in a few minutes, if the hon. Lady will bear with me.

--- Later in debate ---

[Mr Lidington]

I am going to make some progress—

[Kate Hoey]

On a point of order, Mr Speaker. Could you rule on what the constitutional position would be if the statutory instrument to change the date that is already in our legislation were not accepted by the House? Does EU law overrule our Parliament?

[Mr Speaker]

As a matter of general practice, it is well established that EU law trumps UK national law. I am not saying anything controversial there. As to the particular circumstances here, the answer is that I might well pronounce upon it but I would be extremely foolish to do so off the top of my head. I may be able to sate the curiosity of the hon. Lady, which will be widely shared across the House, but I am afraid that it is not within my gift to do so now. It is better to give a valid and informative answer later than to give an invalid, uninformative and potentially misleading answer now.