Lord Swire
Main Page: Lord Swire (Conservative - Life peer)Department Debates - View all Lord Swire's debates with the Cabinet Office
(5 years, 9 months ago)
Commons ChamberAt Lancaster House in January 2017, my right hon. Friend said very clearly that we will
“ensure that…no new barriers to living and doing business within our own Union are created”.
She went on to say that
“we will…bring an end to the jurisdiction of the European Court of Justice in Britain… Because we will not have truly left the European Union if we are not in control of our own laws.”
We are now facing a situation where part of our country is likely to be treated differently—Northern Ireland. And is it not the case that, under article 175 and the dispute mechanism, if both sides cannot agree, the ECJ will be the final arbiter?
No. First, there are, of course, regulatory differences already between Northern Ireland and the rest of the United Kingdom. They are in limited areas, but they do exist. Secondly, the European Court of Justice would not be the final arbiter—that is not what is set out in the withdrawal agreement. The arbitration panel would make that decision, not the ECJ.