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European Union (Amendment) Bill

I will not become involved in discussing the Human Rights Act because it is not the subject of this debate, but in response to the general question I will say that because of the root of the problem—namely, sections 2 and 3 of the European Communities Act—it is open to our courts to invoke that Act, as Lord Bridge did in the Factortame case. In 1972 the House entered into a voluntary arrangement, and for as long as it remains a voluntary arrangement the courts are quite properly entitled to say that we are in breach of our own Act of Parliament. We have to unravel that to be able to ensure that we can meet the changing circumstances that will enable us to make sense of legislation that would otherwise inhibit the proper conduct of our affairs. The European Union can come along and impose that on us, and we will have no recourse unless we use the formula that enables our courts to extricate us.