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Proceeding contribution from David Lidington (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 will come to that precise point later in my remarks. The point I was making a moment ago was that, in a pamphlet published in 2009, Mr Howe expressed very similar concerns to those expressed today by my hon. Friend and others that there is a serious risk—if not an immediate one—that there would be further challenges to the principle that it is only parliamentary action that gives authority to EU law in this country. We have taken advice from lawyers across Government, not just from those in the Foreign and Commonwealth Office—although I would be the first to defend the lawyers in my Department from some of the criticisms made during the debate. The Government's analysis has led us to the conclusion that to date there is no persuasive legal authority to support the contention that the doctrine of parliamentary sovereignty in relation to EU law is no longer absolute. However, there is a need to put the matter beyond speculation for the future. By confirming in statute that directly effective and directly applicable EU law takes effect in this country only by virtue of an Act of Parliament, we are putting the matter beyond doubt for the future.


Secondary information

Type
Proceeding contribution
Reference
521 c245 
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