European Union (Withdrawal) Bill

Baroness Winterton of Doncaster Excerpts

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

[Mr Howarth]

On a point of order, Dame Rosie. Delightful though it is to sit listening to the hon. Gentleman expatiate on all manner of things, I am struggling to discover what this can possibly have to do with new clause 49—or, for that matter, any of the amendments and new clauses linked to it.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I thank the right hon. Gentleman for his point of order. We are also debating clause 1, which is fairly wide-ranging, so the hon. Member for Stone (Sir William Cash) is in order.

[Sir William Cash]

I had actually spotted that, Dame Rosie, and I am most grateful to you for confirming that I am in order.

Let me now touch on some of the issues that arise from this continuous emphasis on the virtues of the European Court of Justice. There is the constitutional principle, which I have already explained, and there is the case law, which I have also already explained. But it goes further than that. The very great Lord Justice Bingham, in chapter 12 of his book “The Rule of Law”, describes the relationship between the courts and Parliament. He comes down unequivocally in favour of Parliament. He makes it clear that when Parliament passes a Bill such as the one that we are to enact, it will override all the laws in the European system that have shackled us so far, and also all the Court judgments, save only that we have agreed, by virtue of the retained law, to transpose some aspects of the process to which we have become used, and which we can decide what to do with at a future date.

--- Later in debate ---

[Sir William Cash]

rose—

[The Second Deputy Chairman]

Order. I been generous in allowing the hon. Gentleman to range over a number of subjects, but I gently remind him that there are a lot of speakers in this debate, so I am sure his list about the European Court of Justice is now a little shorter than it was before.

[Sir William Cash]

I shall conclude my remarks on this point. The European Court is seriously deficient in a whole range of matters. On the question put by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), the idea has been put forward by Martin Howe QC, and I have put it forward myself in the House, of a system of jurisdiction that would be more in the nature of an arbitration, where there might be, for example, retired European Court judges or whoever, who would adjudicate—but on a bilateral basis, not on the basis of a decision taken by the European Court. It is possible to come up with a solution, therefore, but I do recognise the problem.

We are now embarked upon a massive restoration of self-government in this country. This Bill is essential to achieve that, and should be passed without any of the obstacles and frustrating tactics being put in its way.