Arrangement of Business

Debate between Lord Pannick and Baroness Goldie

Wednesday 27th March 2019 Lords Chamber

[Baroness Goldie (Con)]

My Lords, at its meeting this afternoon, the Joint Committee on Statutory Instruments considered the European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019, which is our next item of business. To assist the debate, an extract of its report is being made available now in the Printed Paper Office. I suggest that the House do now adjourn during pleasure for 30 minutes so that all noble Lords participating in the debate have the opportunity to take note of what the committee had to say. I therefore beg to move that the House do adjourn during pleasure until 5.11 pm.

[Lord Pannick (CB)]

Can the noble Baroness confirm that the Joint Committee’s assessment of the statutory instrument consists of one line?

[Baroness Goldie]

I would like to answer that factually to the noble Lord, but I have not had a chance to peruse the report in detail. A bit of paper was waved before me, but as to its contents I cannot comment further. I have put the Motion to the House.

[Baroness Meacher (CB)]

I am a member of the Joint Committee on Statutory Instruments, and coming from our meeting this afternoon, I can say very clearly what is the conclusion of the Joint Committee and I do not think that noble Lords need half an hour to read it. The committee agreed that the statutory instrument ensures that the position in international law is exactly replicated in UK law in accordance with the European Communities Act 1972. The Joint Committee on Statutory Instruments considered the SI at our meeting today and found no reason to doubt the vires of the instrument. I understand that that is all the committee will be communicating to the House.

Israel: Racial Discrimination

Debate between Lord Pannick and Baroness Goldie

Thursday 24th May 2018 Lords Chamber

[Baroness Goldie]

I think it is time to call time on the appalling and intractable situation between the Palestinian Authority and the state of Israel. That is why, globally, and certainly within the United Kingdom, there is a determined, concerted and consistent effort to assist the Middle East peace process and encourage the parties to refrain from provocative action—on both sides. The noble Baroness is right to refer to the recent scenes in Gaza. We have never disputed that they were appalling and deeply upsetting, but the United Kingdom Government have made clear that while we recognise the right of the Palestinians to engage in peaceful process and protest, there is a profound concern that that process was hijacked by terrorists. Equally, we recognise the right of Israel, if it thinks its security is at risk, to act proportionately in self-defence.

[Lord Pannick (CB)]

Does the Minister agree that a complaint by the Palestinian Authority about race discrimination would have more credibility if its President were to refrain from crude anti-Semitism? Did the Minister see, earlier this month, the report on the BBC News website and elsewhere of the speech made by Mahmoud Abbas in Ramallah, in which he said that the Holocaust was provoked by Jews, in particular by reason of their “usury and banking and such”?

[Baroness Goldie]

We were aware of President Abbas’s comments at the Palestinian National Council. These comments were deeply concerning because any attempt to justify or explain away any element of the Holocaust is completely unacceptable. We understand that he has apologised and we welcome that apology. We understand that he has also shown a commitment to non-violence and to a two-state solution.

Jerusalem and Gaza

Debate between Lord Pannick and Baroness Goldie

Thursday 17th May 2018 Lords Chamber

[Baroness Goldie]

I reaffirm that the UK is appalled by the deaths and injuries suffered in Gaza. There is an urgent need to establish the facts of what happened. Our UN ambassador said at the UN Security Council emergency meeting on Tuesday that we want to reiterate our support for independent and transparent investigations into the events that took place in Gaza. We have to find out what happened, what took place and what events induced the conflict, and get to the heart of the facts. Only when we do that—and we can do it only with international co-operation—can we then determine how best to proceed.

[Lord Pannick (CB)]

Would the noble Baroness agree that there is no point calling for an international investigation and at the same time describing the events as a crime before that investigation has taken place? Would she also tell the House whether the Government have urged restraint not just on Israel but on Hamas?

[Baroness Goldie]

I can reassure the noble Lord that yesterday my right honourable friend the Foreign Secretary spoke to both President Abbas and Prime Minister Netanyahu. He encouraged them to call for calm and to work to de-escalate the situation. On the earlier point raised by the noble Lord, Lord Collins, an investigation is needed to establish the facts. Before we establish the facts, we do not know what has actually happened or what the appropriate consequences should be.

European Union (Withdrawal) Bill

Debate between Lord Pannick and Baroness Goldie

Committee: 11th sitting (Hansard): House of Lords
Wednesday 28th March 2018 Lords Chamber

[Baroness Goldie]

Well, I have listened with interest to these contributions. We will certainly reflect on what has been said. I understand the desire of the Chamber to get some whiff or wind of what the Minister might be contemplating and I can certainly undertake to look at what the noble Baroness, Lady Kramer, and my noble friend Lord Hailsham have said. I was going to go on, if I may be permitted to do so, to try to cover the point about secondary legislation, if I can pause for breath to do that.

[Lord Pannick]

The Minister is being very patient. I would like to add to what the noble Viscount has said. A real disadvantage of what the Government are proposing—that is, there is publication with no opportunity for the matter to be debated before it is decided—is that there is a means of challenge, and that is in court. It would be most unsatisfactory if the procedure that the Government adopt is that Ministers make a decision and publish a direction, there is no opportunity for debate in either House and then anyone who is aggrieved takes the matter to court. Surely it would be far better for this to be done by statutory instrument, and then any concerns could be properly debated.

[Baroness Goldie]

I hear the noble Lord, and I shall certainly reflect on that observation, but if I may be permitted to advance what the Government consider to be the case in relation to the proposition that this be dealt with by secondary legislation it might enable the Committee to understand why the Government have adopted the view that we have. The alternative option to require that any such direction is to be made of secondary legislation would arguably be counter- productive. The task of identifying instruments that will not become retained EU law will be a continuous one, and our awareness of such instruments will grow over time. I understand and respect the motives behind the amendment. I have to suggest that it would seem rather paradoxical to require the Government to legislate repeatedly in order to avoid the publication of irrelevant EU legislation, but maybe I am being perverse in looking at it that way. The legislation required to ensure that our law operates effectively after exit day will be significant, and I respectfully suggest that we should try not to add to that task in this case. As I have said, though, many useful points have been raised on this complex question, and I shall reflect on all the contributions made. However, on the basis of what I have been able to say, I hope the noble Lord will feel able to withdraw his amendment.

European Union (Withdrawal) Bill

Debate between Lord Pannick and Baroness Goldie

Committee: 3rd sitting (Hansard - continued): House of Lords
Wednesday 28th February 2018 Lords Chamber

[Baroness Goldie]

In response to the noble Lord, Lord Krebs, and the noble Baroness, Lady Ludford, we must go back to the fundamental principle of this Bill, which is that we have to have a cut-off point and beyond that point, law-making will revert to the United Kingdom. If there are corrections or incompletions or other matters that we are required to address, we can do that through domestic legislation. That is what any Government of any complexion would want to do. The matters referred to by the noble Lord, Lord Krebs, might take years to emerge. Therefore, it would be essential for Governments to pay attention to whatever was emerging, some of which might be de minimis. We do not know, but my argument is that this would confuse and cause difficulty about understanding what our law is and certainly where it is coming from.

I was going on to say in relation to the amendment of the noble Lord, Lord Krebs, that there is a lack of clarity regarding when exactly Ministers would have the duty to make such regulations under this amendment. Is it intended that all the instruments that currently give effect to EU directives should be reviewed so that such regulations could be repaired? Such a review would have considerable resource implications for both the Government and Parliament, and that should not be underestimated. Furthermore, it would be unnecessary: as I have already mentioned, while the UK has been a member of the EU, we have sought fully to meet our obligations and give effect to EU law in accordance with them. In the case of implementing directives, we have conscientiously discharged our obligations. To require potentially a proactive review exercise, as the noble Lord’s amendment could require, is, in my submission, pointless.

I have tried to address the concerns and issues raised; I believe the effect of these amendments would be profound, undermining the Government’s clear and coherent position on retained EU law. I hope I have explained in sufficient detail why the current design of Clause 4 is right and appropriate, and I would therefore ask both noble Lords not to press their amendments.

[Lord Pannick]

I thank all those who have spoken in this debate, and in particular the noble Lord, Lord Krebs, whose amendment I support. I said in opening this debate that I, and the Constitution Committee, found Clause 4(2)(b) very difficult to understand. I am reassured that even the noble Lord, Lord Carlile, with his experience dating back to 1361, with the Justices of the Peace Act, finds it puzzling.

The position is this: there is no dispute—it is well established in the case law of the Court of Justice—that an unimplemented directive does have direct effect and confers individual rights in national courts where it is clear and precise and unconditional. I understood the Minister to say that Clause 4(2)(b) is intended to exclude reliance on such a directive after exit day unless there has been a court case before exit day, either in Luxembourg or in this country on that specific directive. I find that a very odd approach—it certainly is not consistent with the language of Clause 4(2)(b) of a kind. It does not suggest that you are concerned with a court case on that specific directive.

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[Baroness Goldie]

I thank the noble Lord very much indeed. I am sure my noble and learned friend Lord Keen does not even need the note. He will know that I have had a very difficult time.

[Lord Pannick]

I am very grateful to the noble Baroness. The problem is, as I sought to explain, that under existing law we know which takes priority: it is EU law. The problem under the Bill is that the EU obligation, which is retained EU law, and the existing domestic implementation, which is also retained EU law, because Clause 2 says so, are in conflict, and the Bill does not provide any order of priority between them. I had assumed that the noble and learned Lord, Lord Keen, had gone off because he wants to sit in the Library and think about the answer to this problem. I very much hope that before Report he will come up with the answer and that this can be resolved. I beg leave to withdraw the amendment.