Progress on EU Negotiations

Jacob Rees-Mogg Excerpts

Thursday 22nd November 2018 Commons Chamber

[The Prime Minister]

The hon. Lady is right that of course there have been ideas around for some time in relation to the way in which customs and the treatment of customs is developing with today’s technology, but there are further technological solutions that I think will be available. On the question of no hard border, we have a commitment to no hard border, but I believe it is important that we also try to work to ensure that businesses and people in Northern Ireland are able to carry on their business and their daily life much as they do today. This is about no hard border but it is also about our overall commitment to the people of Northern Ireland.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

May I refer my right hon. Friend to paragraph 134 of the proposal on the question of interpretation of Union law, which gives authority to the Court of Justice of the European Union? Why is there not a similar paragraph giving the right of interpretation of UK law to the UK courts, or is it implicit that European Union law is senior?

[The Prime Minister]

It is not the case that European Union law is senior. It is the case that we have consistently said, throughout all the negotiations, and made it clear at various points, that the court of one party cannot have jurisdiction over the other party. But the body that interprets European law is the CJEU. As this makes clear, the arbitration panel can decide to ask the CJEU for an opinion on the interpretation of EU law. UK law is interpreted, indeed, by United Kingdom courts. The arbitration panel, when it comes to making its decision—had it referred the ECJ to give an opinion on a matter of European Union law—would take its decision in the light of that opinion.