Question to the Attorney General:

To ask the Attorney General, whether the provisions in the EU (Withdrawal Agreement) Bill will enable the UK to determine the circumstances in which lower courts will have regard to rulings of the European Court of Justice in relation to retained EU case law.

Section 26 of the European Union (Withdrawal Agreement) Act 2020 provides a power for Ministers to make regulations to determine which Courts may depart from judgments handed down by the Court of Justice of the European Union before the end of the implementation period and in what circumstances. This will ensure UK courts are not inappropriately bound by retained EU case law after the UK has left the EU.