Oral Answers to Questions

Brendan O'Hara Excerpts

Tuesday 5th September 2017 Commons Chamber

[Carol Monaghan (Glasgow North West) (SNP)]

10. What his Department’s policy is on the jurisdiction of the European Court of Justice in the UK after the UK leaves the EU.

[Brendan O’Hara (Argyll and Bute) (SNP)]

17. What his Department’s policy is on the jurisdiction of the European Court of Justice in the UK after the UK leave the EU.

[The Lord Chancellor and Secretary of State for Justice (Mr David Lidington)]

The Government have been clear that in leaving the EU we will bring about an end to the direct jurisdiction of the Court of Justice of the European Union in the United Kingdom.

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[Mr Lidington]

Yes. Indeed, when I spoke to the Scottish Justice Minister Michael Matheson last month I emphasised to him that one of our key objectives in the official and ministerial-level meetings between my Department and his would be to ensure that the interests and features of the Scottish justice system are properly reflected in the UK’s work, particularly on future civil judicial co-operation with the European Union.

[Brendan O’Hara]

In January, the Prime Minister boldly and unambiguously asserted that Brexit would allow the UK to take back control of its laws and bring to an end the jurisdiction of the European Court of Justice in Britain. Last month, however, the official Government document on the ECJ said something entirely different: Britain would be willing to work with the EU on arrangements for judicial supervision. Given that remarkable change, how did the Prime Minister get it so wrong in January?

[Mr Lidington]

The hon. Gentleman is misreading the Government’s position. The Prime Minister was very clear in her Lancaster House speech, as the Government have been, that this country’s exit from the European Union means that the EU’s treaties will cease to apply to the United Kingdom and that therefore the direct effect that decisions of the Court of Justice of the European Union have in the United Kingdom will cease from that point. What is also the case, as spelled out in the Government paper on dispute resolution, is that there are many international examples of arbitration mechanisms that involve different jurisdictions coming together to agree how to take account of their different courts’ views in coming to a settlement when a dispute arises. We are approaching these negotiations in a constructive fashion.

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

My hon. Friend is absolutely right: legal services exports contribute a trade surplus of £3.4 billion to the UK economy. The UK is a global leader in dispute settlement. We are working with the sector to promote this key comparative advantage. It is a priority for the Brexit negotiations, and, as a global leader, this is the message my ministerial colleague Lord Keen will be taking to the International Bar Association conference in Australia just next month.

[Brendan O’Hara (Argyll and Bute) (SNP)]

T2. Last week a report from the committee of the United Nations made 60 recommendations to the Government on how they could better comply with the UN convention on the rights of persons with disabilities. How will the Government respond, and what changes in Government policy can disabled people expect to see as a result?

[Mr Lidington]

It is obviously for the Minister for Disabled People, Health and Work and the Department for Work and Pensions to decide overall on the Government response to that report. However, I think that the Government were right to express disappointment that the report failed to acknowledge the significant advances this Government have made in improving the lot of disabled people in this country, not least in seeing a record number of people with disabilities now in employment.