European Union (Withdrawal) Bill

Lord Pannick Excerpts

Monday 18th June 2018 Lords Chamber

Tabled by

[Lord Pannick]

At end to insert “and do propose Amendment 5B in lieu—

5B: Page 3, line 20, leave out subsection (4) and insert—
“( ) The Charter of Fundamental Rights (apart from the Preamble and Chapter V) is part of domestic law under this Act on or after exit day save that—
(a) there is no right of action in domestic law on or after exit day based on a failure to comply with any provision of the Charter;
(b) no court, tribunal or public authority may, on or after exit day—
(i) disapply or quash any enactment or other rule of law, or
(ii) quash any conduct or otherwise decide that it is unlawful,
because it is incompatible with any provision of the Charter.””

[Lord Pannick]

I thank the noble and learned Lord the Minister and the Solicitor-General for the care and attention they have taken, not only on this issue but on all the legal issues that have been raised by this Bill. I was particularly pleased that the noble and learned Lord confirmed that the general principles of EU law—that is, outside the charter—can be relied upon in court proceedings, not to challenge legislation or decisions but as an interpretive device, and his confirmation that equality is one of those general principles of law. In the light of that, and given the eagerness of the House to move on to the important discussion on the Motion of the noble Viscount, Lord Hailsham, I shall not move Motion D1.

Motion D1 not moved.

--- Later in debate ---

[Lord Lamont of Lerwick]

I would like to make a little progress, if I may. How would the will of Parliament be determined? It would be determined through political parties in the normal way, put down in the form of Motions in the House of Commons. I put it to the House that, really, this long and convoluted procedure would have little difference from the way Parliament would behave without this amendment being put in place at all.

Subject to the clarification from the Leader of the House about the Motion being justiciable and the reasons why we want it to be unamendable, I strongly support the amendment tabled by the Government and urge the House to reject that put forward by my noble friend Lord Hailsham.

[Lord Pannick]

My Lords, the noble Lord asks about justiciability. It is one of the most fundamental principles of our constitution that the courts do not and will not regulate proceedings in Parliament. Therefore, a court would presume, in the absence of the clearest statement to the contrary, that none of these amendments—in particular Amendment F3—is intended to depart from this fundamental principle. That is especially so when the mover of the amendment makes it clear that he does not intend to depart from that fundamental principle. In answer to the question from the noble Lord, Lord Lamont, it seems to me that the sanctions for any breach would be political, but they certainly would not be legal.