Proceeding contribution from Lord Kerr of Kinlochard (Crossbench) in the House of Lords on Tuesday, 5 April 2011. It occurred during Committee of the Whole House (HL) and Debate on bill on European Union Bill.
European Union Bill
Does the Minister agree that the likelihood of judicial review is greatly enhanced by the creation of the significance test? In almost any case where Parliament does not wish to have a referendum because it has accepted the Government’s statement that the issue is not sufficiently significant to justify a referendum, that will be challenged in the courts. The issue will not be whether to go ahead and complete the process of ratification but whether or not to have a referendum. It will be a bold Government who decide to go ahead and complete the process before the court has ruled on the significance point. What is extraordinary is that we should create a system where we are going to invite the court into the middle of our legislative procedures. If we have not finished here in Parliament, we will have to suspend if the significance test is being challenged.
Secondary information
- Type
- Proceeding contribution
- Reference
- 726 c1680
- Session
- 2010-12
- Chamber / Committee
- House of Lords chamber
- Subjects
- Crown dependencies British overseas territories EU law European communities Gibraltar Judicial review Referendums Sovereignty Treaties Treaty on European Union UK membership of EU Treaty on the Functioning of the European Union
- Legislation
- European Union Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
Librarians' tools
- Timestamp
- 2023-12-15 19:06:21 +0000
- URI
- http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_734433
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