United Kingdom Internal Market Bill

Debate between Paul Blomfield and Joanna Cherry

Monday 21st September 2020 Commons Chamber

[Paul Blomfield]

I thank the hon. Member for his intervention. I think the answer was provided by the Northern Ireland Secretary when he spoke to the House on the issue and he said that—let us all think on these words—

“yes, this does break international law in a very specific and limited way. We are taking the power to disapply the EU law concept of direct effect, required by article 4”.—[Official Report, 8 September 2020; Vol. 679, c. 509.]

On that, he was right. Article 4 does require that the UK ensures compliance with paragraph 1 of the withdrawal agreement, including our courts, disapplying

“inconsistent or incompatible domestic provisions”.

Article 5 makes it absolutely clear that we have an obligation to

“refrain from any measures which could jeopardise the attainment of the objectives of this Agreement”,

which, as the Northern Ireland Secretary made clear, is the purpose of clauses 41 to 45. In adopting them, we are in breach of international law and unsettling the situation in Northern Ireland, to which the Minister rightly referred. Indeed, the Lord Chief Justice of Northern Ireland, Sir Declan Morgan, who is a widely respected voice, said that the Government’s actions “may well undermine trust”.

[Joanna Cherry]

Does the answer to the question raised by the hon. Member for Stone (Sir William Cash) about the German constitutional court not lie in what our own United Kingdom Supreme Court said at paragraph 55 in the case of Miller v. Secretary of State for Exiting the European Union? Our own Supreme Court said that

“treaties between sovereign states have effect in international law and are not governed by the domestic law of any state.”

Is that not the answer under the domestic law of the United Kingdom?

[Paul Blomfield]

That is certainly an additional answer.

EU-UK Partnership: EU’s Mandate

Debate between Paul Blomfield and Joanna Cherry

Thursday 4th June 2020 Commons Chamber

[Paul Blomfield]

I am looking forward to addressing precisely that point. I do understand why the Minister is so keen to talk about the process. It is because he does not really want to address the substance of the negotiations. Let me just say a further word on the consultation with the devolved Administrations, because that may be his perspective, but it is certainly not the perspective of the devolved Administrations themselves who feel that the engagement has been cursory, and has not been meaningful either around the negotiating mandate or in updating them on the progress.

[Joanna Cherry (Edinburgh South West) (SNP)]

Does the hon. Gentleman agree with my colleague, the Brexit Minister in the Scottish Parliament, Mike Russell, that the whole process of involvement with the devolved Administrations has been merely about letting them know what is happening rather than letting them influence what is happening in the negotiations or having any input in decisions on any crucial issues?

[Paul Blomfield]

I do indeed, and that is a concern that has, I think, been widely expressed by others as well. Indeed, it reflects the Government’s approach to this Parliament. They keep us a little bit informed, with a written ministerial statement here and there, but there is no meaningful engagement.

Parliament must be given the opportunity of holding the Government to account for the pledges they made to the British people in the election to which the Minister referred. At that election, the Conservative manifesto promised an “oven-ready deal”. That deal was the new withdrawal agreement and political declaration that the Prime Minister triumphantly renegotiated in October 2019.

European Union (Withdrawal) Bill

Debate between Paul Blomfield and Joanna Cherry

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Paul Blomfield]

I do not disagree with the Minister. It is precisely our point that, during the transitional period, we cannot disable the role of the Court of Justice of the European Union, otherwise we will not achieve the arrangement that we apparently both seek.

[Joanna Cherry]

The hon. Gentleman is making a powerful point, and I wonder whether I might help. I asked the Prime Minister what she thought the legal basis of any transitional deal will be, and she said that the EU takes the view that it will be article 50. When I was in Brussels with the Exiting the European Union Committee last week, I raised this issue at the highest level of the EU and was told that, yes, it is envisaged that during the transitional deal Britain will stay in the single market, in the customs union, within EU law, within the acquis and under the jurisdiction of the Court of Justice of the European Union.

[Paul Blomfield]

I agree with the hon. and learned Lady. In fact, the Brexit Secretary talked about the Court in those terms yesterday.