EU Charter of Fundamental Rights Debate

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Department: Ministry of Justice

EU Charter of Fundamental Rights

Jacob Rees-Mogg Excerpts
Tuesday 19th November 2013

(10 years, 11 months ago)

Commons Chamber
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Lord Grayling Portrait Chris Grayling
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The truth is that we were reassured again and again by the previous Government that this document had no legal force at all. Of course it now does have legal force in European law. The issue is about whether that legal force extends to UK law. We regard that matter as being exceptionally important. If there were any question of that linkage being made, we would have to take steps on it.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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Does the Lord Chancellor agree that to make things clear we should now insist that any judgment of the European Court of Justice needs to be confirmed by this House before it can be used by a court in this country? The ECJ is a political court; it extends the competence of the European Union under the treaties. It is for Parliament to resist that, so that our courts cannot take any judgment into account without our specific approval.

Lord Grayling Portrait Chris Grayling
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As my hon. Friend knows, I have a lot of sympathy with his concerns in this area. I have directly seen the way in which the ECJ has amended the rules on social security and left us in a position where we are apparently losing control of what should be a national competency under the treaty. These matters are essential ones for consideration as part of our party’s planned renegotiation of our membership of the European Union.