Data Protection Bill [Lords] (Sixth sitting)

Ian Murray Excerpts

Tuesday 20th March 2018 Public Bill Committees

The position in the European Union (Withdrawal) Bill reflects the reality that in leaving the EU we will be ending the direct jurisdiction of the CJEU over our domestic courts while also allowing judges to take account of post-exit CJEU judgments. This is similar to how the UK courts can currently take into account judgments made by courts from other jurisdictions, although of course we recognise that as the text of our law and EU law will at the outset be the same or substantially similar in many cases, it is highly likely in practice that our courts may find it helpful to look at the CJEU judgments, and it is perfectly legitimate and sensible for them to do so.

[Ian Murray (Edinburgh South) (Lab)]

The Prime Minister said in her Mansion House speech earlier this month that as a country we may have to stay under the jurisdiction of the ECJ for the purposes of organisations such as Euratom and other EU-wide organisations that the UK may wish to remain part of. Is the Minister saying that that is a possibility with regard to data protection laws in this legislation?

[Margot James]

The future of our membership of the European Data Protection Board will be subject to negotiations. I cannot prejudge how those negotiations will develop and finalise in respect of our membership of that important body.

[Ian Murray]

Am I right in saying that the Minister is not ruling it out as part of the legislation?

[Margot James]

I would not rule it out, but the negotiations are between two parties, so however much we may wish to maintain our membership of the European data protection board, that might not be something that the EU will grant us. As I say, it is a matter for negotiation and I am sure things will become clearer over the next 12 months. To take an approach now that would require our courts to follow future case law of the CJEU, even if only in some areas, would place limitations on the discretion and independence of our courts.