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European Union (Withdrawal) Act 2018
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Scottish Parliament

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Lords committee stage fourth day. Clause 6 agreed to as amended. Schedule 1 agreed to as amended. Clauses 7 to 11 agreed to. Schedule 12 agreed to. Clause 12 under consideration. (Part 1 of 2).

Lead member
Lord Callanan; Baroness Neville-Rolfe; Lord Bellamy
Answering member
Baroness Chapman of Darlington; Lord Collins of Highbury
Department
Cabinet Office; Ministry of Justice; Department for Energy Security and Net Zero
Type
Committee of the Whole House (HL); Debates on bills
Notes
Scottish Legislative Consent withheld, Welsh and Northern Ireland Legislative Consent sought.
Date
6 March 2023
Reference
828 cc575-634
House
House of Lords

Moved by

Lord Callanan

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c575
House
House of Lords

Tabled by

Lord Kennedy of Southwark

Member
Lord Kennedy of Southwark (Labour)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c575
House
House of Lords

My Lords, following the tabling of my amendment on Friday, there has been positive discussion in the usual channels, and I am pleased to say: not moved.

Member
Lord Kennedy of Southwark (Labour)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c575
House
House of Lords

Moved by

Baroness Ludford

68: After Clause 5, insert the following new Clause—

“Conditions for bringing section 3, 4 or 5 into force

(1) None of sections 3, 4 or 5 may be brought into force unless all the following conditions have been satisfied.

(2) The first condition is that a Minister of the Crown...

Member
Baroness Ludford (Liberal Democrat)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 cc575-6
House
House of Lords

My Lords, in moving Amendment 68 I will speak to Amendments 69 and 69A in the name of the noble Baroness, Lady Chapman. I will take a little while; I know we want to make progress today, but these amendments are on legally very significant issues in relation to Clauses...

Member
Baroness Ludford (Liberal Democrat)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 cc576-9
House
House of Lords

My Lords, I have not contributed at all in this Committee and I am going to say only a very few words, which I hope I can keep as simple as possible. I very much support Amendment 69A here, because I think it is particularly relevant. I hope it is...

Member
Lord Kirkhope of Harrogate (Conservative)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 cc578-580
House
House of Lords

My Lords, I will speak briefly to both Amendments 68 and 69. This Bill, as others have said, creates huge uncertainty for business at a time when business is struggling to cope with so many uncertainties that are outside the control of the Government. But the Government do have control...

Member
Baroness Wheatcroft (Crossbench)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c580
House
House of Lords

My Lords, I support the three amendments, but I do not intend to speak on them. I just wanted to support and admire what the noble Lord, Lord Kirkhope, had said about the European Parliament. It was about time it was said.

Member
Baroness Butler-Sloss (Crossbench)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c580
House
House of Lords

My Lords, I will add one very brief point as well—following on from my noble friend Lady Ludford when she introduced Amendment 68 and 69A—which is the background in the report of the Delegated Powers and Regulatory Reform Committee, which has been referred to consistently during the preceding three days...

Member
Baroness Brinton (Liberal Democrat)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 cc580-1
House
House of Lords

I am not a lawyer—that will become very apparent from what I am going to say—but I support Amendments 68, 69 and 69A. I am puzzled that the Government say that their aim is to introduce legal clarity. I think back to 50 years ago and Lord Denning’s great speech...

Member
Lord Kerr of Kinlochard (Crossbench)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 cc581-2
House
House of Lords

My Lords, I too am extremely grateful to the Minister for his letter; I actually got it on Friday. I certainly welcome it. One of the sentences in the letter that struck me—it hit me in the face, as it were—was in the paragraph at the bottom of the second...

Member
Lord Collins of Highbury (Labour)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 cc582-3
House
House of Lords

I thank all Peers who have contributed to the debate. I was getting a bit concerned about the subject of my famous correspondence with the House, but I took on board the observations of the noble Baroness, Lady Chapman, at the end of the last day in Committee, about wanting...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 cc583-5
House
House of Lords

I am grateful to the Minister for giving way. Before he sits down, I refer him to the second paragraph on page 2 of his letter—for which I was grateful, joking apart:

“From the end of 2023 our domestic courts should no longer apply the retained EU principles of interpretation …...

Member
Lord Kerr of Kinlochard (Crossbench)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c585
House
House of Lords

They are the domestic principles of interpretation that have been used by the courts since time immemorial: the normal procedures they use to apply their scrutiny of UK law. That is the point we are making. It is important that the general principles of EU law, which were introduced into...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c585
House
House of Lords

In time immemorial, we were not members of the European Union. Is the Minister saying that we all should go back to pre-1972, and that anything that happened when Denning salt water was coming up the estuaries—anything that happened in the last 50 years—is to be ignored by the courts?

Member
Lord Kerr of Kinlochard (Crossbench)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c585
House
House of Lords

No, I am not saying that at all. Case law is not abolished: courts will still be able to take case law into account. We will use the power of restatement where necessary. Departments will look at whether the general principle of EU law, which we are abolishing with this...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c585
House
House of Lords

We are talking about the courts and cases. Surely the courts will have to look at the domestic principles of interpretation which they are going to apply. Will they be given any guidance?

Member
Lord Kerr of Kinlochard (Crossbench)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c585
House
House of Lords

The courts will use the same principles they have used for the interpretation of UK statute for many hundreds of years.

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c586
House
House of Lords

Workers will want to know precisely which of their rights will be impacted by this clause. Of the current numbers, can the Minister identify how many regulations in the dashboard will be impacted by Clauses 3 to 5?

Member
Lord Collins of Highbury (Labour)
Type
Proceeding contributions
Date
6 March 2023
Reference
828 c586
House
House of Lords