Retained EU Law (Revocation and Reform) Bill (Fifth sitting)

Debate between David Jones and Nusrat Ghani

Committee stage
Thursday 24th November 2022 Public Bill Committees

[Ms Ghani]

That assumes that we would not be treating people equally and fairly, and that is not the case when we legislate in the UK. I do not buy the idea that without EU law we are incapable of governing fairly in the UK. We are all elected to Parliament to represent our constituents, and we want to go home and tell our constituents, regardless of who they are and where they are from, that we are legislating fairly for everybody.

Why are we removing the principle of EU supremacy? That principle means that pre-2021 domestic law must give way to some pieces of retained EU law when the two conflict. That ensured legal continuity at the end of the transition period, but it is constitutionally anomalous and inappropriate, as some domestic laws, including Acts of Parliament, are subordinate to some pieces of retained law. That is the nub of the issue. We either accept the supremacy of the EU or accept the supremacy of this place. We can go round and round, but only one can prevail, and the Government believe that this Parliament should be supreme.

On the protection of fundamental rights and the equality principle, the principle of fundamental rights is generally not the exclusive preserve of the EU. We are proud of the history of the UK legal systems in which common law principles and legislation are well established to protect fundamental rights. For example, the principle of equality before the law is rooted deeply in British law. It was in 1215 that Magna Carta first acknowledged that British people had legal rights and that laws could apply to kings and queens too. The Equality Act 2010 has, to date, brought together more than 116 pieces of legislation into a single Act—a streamlined legal framework to protect the rights of individuals and to advance equality of opportunity for all. There is no equivalent to that Act in EU law, which shows how important it is that we are able to express principles such as equality before the law in a UK statute rather than relying on principles of EU law.

[Mr David Jones (Clwyd West) (Con)]

Does my hon. Friend not agree that a particular strength of our domestic legal system is the principle of stare decisis, whereby there is a strict rule that cases are followed in terms of precedent, which does not apply in the case of EU law?

[Ms Ghani]

Exactly. My right hon. Friend is incredibly knowledgeable on all those issues, and I am more than happy to defer to him; he is absolutely right. We reject new clause 8.

Throwline Stations

Debate between David Jones and Nusrat Ghani

Monday 24th January 2022 Westminster Hall

[Mr Jones]

I believe so. There has, in fact, been a debate on the issue already in the Welsh Senedd in Cardiff. When one considers that the Health and Safety at Work etc. Act 1974 is a national piece of legislation, I would very much hope that the Minister will indicate what national legislation she has in mind, or at least what the Government are prepared to do to provide stronger guidance to those who manage large bodies of water.

Finally, I commend the work of the Royal Life Saving Society UK. I have spoken to Mr Lee Heard of that organisation, who told me that the RLSS is always happy to assist landowners by advising what sensible precautions they can take to minimise the risks associated with bodies of open water on their land. It is a hugely valuable resource and I encourage all landowners to make use of it.

[Ms Nusrat Ghani (in the Chair)]

No doubt the Royal Life Saving Society UK will be in Hansard twice because of your contribution.