A New Partnership with the EU

Lord Pearson of Rannoch Excerpts

Tuesday 17th January 2017 Lords Chamber

[Lord Bridges of Headley]

My noble friend makes an interesting point. We have made it clear today as regards the ECJ. I will have further things to say about the application of EU case law, as and when we outline our proposals on the great repeal Bill, but the thrust of what he says is correct.

[Lord Pearson of Rannoch (UKIP)]

My Lords, further to that reply, why do the Government consider it necessary to shift the acquis—the body of EU law—into UK law before repealing it? I ask that because in 1997, I got a Second Reading of a Bill which would have withdrawn us from the European Union through your Lordships’ House—by four votes, I might add, in the largest vote ever in the House on a Friday. The clerks advised me then that the acquis was already part of British law and estimated that it would have taken, I think, about 12 parliamentary draftsmen about three months to identify those items which the Government wanted to repeal. Those could then have been put before Parliament and repealed under the negative procedure. It would obviously take rather more draftsmen rather longer now. What is the advantage of putting EU law into our law if it is already part of our law, or has the advice changed?

[Lord Bridges of Headley]

I am sorry to say that I think the noble Lord’s assessment of where we are currently is not strictly true. There are various regulations that are not part of our law but, again, we will outline more as regards this when we set out an approach to the great repeal Bill. There are two clear reasons why we are doing this. First, as I said in the Statement, it is to provide certainty for everyone—be they businesses or organisations in any walk of life—as regards the state of play on day one when we leave. Secondly, it is because the Government believe that it should be for Parliament to decide on what then to do. It can then be free to keep, amend or repeal EU law, once it has been transposed into UK law, as it so wishes.