Oral Answers to Questions

Drew Hendry Excerpts

Tuesday 6th March 2018 Commons Chamber

[Mr Speaker]

Order. The hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) has a not wholly dissimilar inquiry at Question 19, and he is welcome to come in on this question if he is so inclined, because we are not likely to reach Question 19.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

19. I would be delighted to do so. Thank you very much, Mr Speaker.As the Prime Minister has made a number of concessions with regard to the European Court of Justice after Brexit and given that the Scottish Government’s legal continuity Bill provides that, when exercising devolved jurisdiction, Scottish courts may have regard to the decisions of the ECJ, is it not time to amend clause 6 of the European Union (Withdrawal) Bill to the same effect?

[Mr Gauke]

On clause 6 and this question more widely, let us be clear: we are leaving the EU, so the jurisdiction of the ECJ will end, but EU law and the decisions of the ECJ will continue to affect us. For a start, the ECJ determines whether agreements the EU has struck are legal under the EU’s own law. If, as part of our future partnership, Parliament passes an identical law to an EU law, it makes sense for our courts to look at the appropriate ECJ judgments, so that we interpret those laws consistently. We have to remember, however, that our Parliament will remain ultimately sovereign. It could decide not to accept such rules, but there would be consequences for our membership of the relevant agencies and linked market access rights.