Skip to main content

Proceeding contribution from David Lidington (Conservative) in the House of Commons on Tuesday, 7 December 2010. It occurred during Debate on bill on European Union Bill.


European Union Bill

What I would say to my hon. Friend is that to some extent we are repeating the exchanges that we enjoyed in his Committee yesterday. Clause 18 places firmly on the statute book a point of reference to which any future court that considers an argument about the source of authority for European law in this country must have regard. My hon. Friend the Member for North East Somerset put it in terms of turning the clock back to 1972. As my hon. Friend the Member for Harwich and North Essex said in an intervention, it is not the case that the argument that European law derives its authority solely from Acts of Parliament has gone unchallenged. It was not only in the prosecution arguments in the metric martyrs case, but in the obiter from Lord Justices Steyn and Hope, to which he referred, that a very different case was asserted—namely that, over time, European law has acquired some kind of autonomous authority in this country. Hitherto, the United Kingdom courts have rejected that argument and upheld the doctrine that it is only through Acts of Parliament that European law has authority here. The clause will provide in statute for the first time a clear point of reference to which the courts must have regard.


Secondary information

Type
Proceeding contribution
Reference
520 c271 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
EU law European Union Powers Referendums Parliamentary scrutiny Sovereignty Treaties Treaty of Lisbon
Legislation
European Union Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk