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Proceeding contribution from Charlie Elphicke (Conservative) in the House of Commons on Tuesday, 11 January 2011. It occurred during Debate on bill and Committee of the Whole House (HC) on European Union Bill.


European Union Bill

I agree absolutely with my hon. Friend. Perhaps that matter should at some point be considered. I raise these issues of broad principle because if we are to rework our relationship with the European Union, it should be done by the Executive and Parliament, but whether we should stay in or leave the European Union is a matter for the British people to decide through a referendum. Underpinning these matters is the simple principle that Parliament is sovereign. I have grave doubts about whether we should have clause 18 at all, because I am not sure that it adds anything. I have even graver doubts about the amendment of my hon. Friend the Member for Stone. As a lawyer, I worry about giving hostage to fortune, and I ask the House's forgiveness and consideration for my preliminary remarks on my general feelings and approach to Europe when I say that I am not sure that it is safe or sensible to have such matters enshrined in statute. Parliamentary sovereignty is not a common law principle, it is a constitutional principle of the United Kingdom that has long been recognised by the judges. I see clause 18 as being a codification of the Factortame principle. It states:"““It is only by virtue of an Act of Parliament””" that EU law is effective in the UK and"““falls to be recognised and available in law in the United Kingdom.””" In other words, we have European law because this House voted for it in former times and continues to keep the country in the EU. So long as we are in the EU, that is the choice of the House.


Secondary information

Type
Proceeding contribution
Reference
521 c190 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Common law Constitutional and administrative law Judiciary EU law European communities Referendums Parliamentary scrutiny Sovereignty Treaties Reform UK membership of EU Supreme Court Rule of law
Legislation
European Communities Act 1972
European Union Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk