argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Cheryl Elise Kendall Gillan (Conservative, Centre-right): The hon. and learned Lady makes a valid point. I am trying to give the Government an opportunity to examine this, as I think it is very serious. I also think that no British Government would want the sort of unfairness thrown up by the anomaly that has arisen from the way the Bill is drafted In fact, the repeal Bill already states in paragraph 27(3) of schedule 8 that actions begun prior to Brexit, including Francovich, can continue and can rely on EU legal principles. However, I think there is an error in the Bill, in that it does not allow anyone who has commenced an action prior to the day of exit the right of a reference to the European Court, which they could have reasonably expected when lodging their claim in the court prior to Brexit.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Charles Roberts Grieve (Conservative, Centre-right): That must be wrong as well. In the past, when we have had references to the Privy Council, for example, and a country has terminated those references, the references have continued after the date of termination until all the cases going through the system are completed. It must follow that references to the ECJ—or CJEU, perhaps, to give it its full title—must be able to continue after the date of exit.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Cheryl Elise Kendall Gillan (Conservative, Centre-right): My right hon. and learned Friend makes the same point that I am trying to make. Likewise, the Bill does not allow anyone who has suffered harm because of an act of the state in the period prior to the day of exit the right to lodge a claim under the rules as they stood at the time they were harmed.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Transportation
Antoinette Geraldine Sherratt (Sandbach) (Conservative, Centre-right): This is incredibly important for my constituents who could face issues relating to HS2, because a right of claim could arise between now and exit day, whenever that is set to be, and it is vital that their rights should not be changed during that period.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Law and Crime
Cheryl Elise Kendall Gillan (Conservative, Centre-right): I would like to finish now. As the Bill already states that cases occurring during the transitionary period can continue, my amendments would do nothing other than ensure that that happens fairly. I really hope that the Government will respond positively to these amendments, and remember that justice delayed is justice denied.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Bernard Christison Jenkin (Conservative, Centre-right): I get the feeling that the cart is coming before the horse here. No transitional implementation has yet been agreed. It has to be part of a deal, and it would be a mistake for the House to start putting things into the Bill in the expectation of certain things that may or may not happen. That is why my right hon. Friend the Secretary of State for Exiting the European Union announced a separate Bill to implement any agreement, which is when such things will be dealt with. This Bill is much simpler than the Opposition would like it to be.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): It is a great privilege and pleasure to speak on behalf of the Government on this essential Bill, and particularly on clause 6 and the various amendments proposed to it. The Bill is complex, but at root it boils down to achieving two basic but fundamental objectives, which it is worth bearing in mind as we consider the clause and amendments The first is that we are delivering on the referendum by taking back control over our laws, which is a major opportunity; that was the No. 1 reason why people voted to leave the EU in the referendum. The second thing that the Bill does is make sure there is legal certainty, with a smooth transition for citizens and businesses, mitigating one of the key risks of Brexit, which I believe is felt by people whether they voted leave or remain.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Edward Julian Egerton Leigh (Conservative, Centre-right): It is essential that the Supreme Court has certainty. The first part of clause 6(2) is admirably clear: "A court or tribunal need not have regard to anything done on or after exit day by the European Court" Why then have the Government included the following phrase at the end of the provision: "but may do so if it considers it appropriate to do so" I think Lord Neuberger has a point, and I give the Minister an opportunity to make the Government’s position clear.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I thank my hon. Friend for that, and I shall come to that point a little later. The basic point that I respectfully make to the House at the outset is that the various clauses and amendments should be judged according to those basic strategic objectives: taking back control over our laws and making sure that there is a smooth legal transition, which I believe is my hon. Friend’s point Clause 6 serves both objectives. It sets out how, once we have taken back control over EU law, retained EU law should be interpreted on and after exit day. It makes it clear that once the UK leaves the EU, domestic courts will not be able to refer cases to the European Court—an affirmation of the supremacy of our own courts and our own legal order.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): May I just finish this point, because I am at risk of answering the question before my right hon. and learned Friend puts it? As I say, UK courts will instead be able to take those post-exit judgments into account when making their decisions, if they consider it appropriate to do so, as they can, of course, with judgments of courts from other jurisdictions—common law, around the Commonwealth and elsewhere.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Law and Crime
Dominic Charles Roberts Grieve (Conservative, Centre-right): A number of different points feature in all this, but there is one point about the legal certainty, which was raised earlier. It is one thing to be able to take a case to the Supreme Court, but under a previously set up regime people could take it as a reference to the ECJ. Have the Government considered the propriety issues on removing that right for a case that is current? There is an issue to address there. The Government may be able to provide precedent and justification for what they are doing, but the issue troubles me. This strikes me as an odd way of going about things simply for the sake of trying to get rid of the ECJ in one fell swoop, which I think will be rather difficult in any case for other reasons.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I think the Chair of the Select Committee has answered his own question. The point is that we will produce separate primary legislation to deal with the withdrawal agreement and the terms of any transition. We should not be putting the cart before the horse. This Bill is about making sure that we have at our disposal all the means to implement in UK law any deal, and its terms, as and when it is struck.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Law and Crime
Dominic Rennie Raab (Conservative, Centre-right): I am going to make a little progress, because I think that some of these queries will be addressed in the discussions on the amendments that others have tabled I return to clause 6. For as long as retained EU law remains in force in the UK, it is essential that there is a common understanding of what that law means. That is critical for legal certainty and, in real terms, for the very predictability of law that businesses and individuals rely on every day as they go about their lives. We want to provide the greatest possible certainty—I suspect that, for all the thunder and lightning in this debate, that is a shared objective underpinning it all—and the question is how we achieve that. Clause 6 will ensure that UK courts must continue to interpret retained EU law using the Court of Justice of the European Union’s pre-exit case law and retained general principles of EU law. Any other starting point would be to change the law. That is certainly recognised by the Government.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Kenneth Clarke (Conservative, Centre-right): The Minister is being very helpful on one aspect of the Bill, which is how the Government think European law should be interpreted once we have finally exited, but he is sidestepping the key point put to him by the right hon. Member for Leeds Central (Hilary Benn). As it stands, clause 6 does not reflect current Government policy. It is not putting the cart before the horse to ask whether current Government policy, as represented in the Florence speech, should be reflected in the Bill. The fact is that the Government are seeking, expecting or contemplating the real possibility of a transition period during which we will stay in the single market and customs union and be subject to the jurisdiction of the Court. Why is the Bill being presented and urged by the Government in terms that are totally—
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I will come to that precise point in the context of new clause 14, which has been tabled by the hon. Member for Nottingham East (Mr Leslie). The proposed change refers to the transitional period after the UK exits the EU. I thought that the hon. Gentleman put his points in a perfectly reasonable way.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Government Operations
Dominic Rennie Raab (Conservative, Centre-right): Let me finish my point Therefore there will be full transparency and accountability to this House on the issue that the hon. Gentleman feels so strongly about. I urge him to withdraw his new clause, but I will give him one further crack at it.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I sense that the hon. Gentleman recognises that he is putting the legislative cart before the diplomatic horse. Of course the implementing legislation relates to the agreement, and we need to have one in place to comply with the terms of any obligations, whether they are under the withdrawal arrangement, the implementation period or the future partnership deal I now turn to amendment 357, tabled by my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), Chair of the Justice Committee.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Law and Crime
Oliver Letwin (Conservative, Centre-right): I agree with what my hon. Friend is saying about new clause 14. May I take him back to clause 6(4)(a)? It says that the Supreme Court "is not bound". Will that enable it to look at the plain words of the treaties, and not at the previous expansive teleological jurisprudence of the ECJ?
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Law and Crime
Dominic Rennie Raab (Conservative, Centre-right): I am going to make some progress, as I have given way once. I want to turn to some other amendments; otherwise, I will not give them the attention that they rightly deserve. I turn to amendment 357 in the name of the Chair of the Select Committee on Justice.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Law and Crime
Dominic Rennie Raab (Conservative, Centre-right): My right hon. and learned Friend is very tempting, but not at this moment I understand the point of amendment 357, which is to provide a default mechanism for transposing EU law where regulations have not been made under clause 7. I can equally see that my hon. Friend the Member for Bromley and Chislehurst is seeking to make default provision for any gaps that may exist in the law to avoid creating not just legal uncertainty, but any legal potholes that may strew the road that lies ahead. I hope that he does not mind me saying that he is, perhaps inadvertently, reinforcing the case for clause 7 because his concern appears to be with the risk that it might not being used comprehensively enough. I certainly share his concern to avoid legal cliff edges and legal potholes, for which I think he is trying to cater.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
William Nigel Paul Cash (Conservative, Centre-right): I mentioned to the Prime Minister during her statement a few days ago the bear trap that I can see coming up during the transitional period if we are not careful because of the manner in which the European Court operates by the purposive rule; I know my hon. Friend will understand. During the transitional period, when we are faced with a court operating under that rule and not by precedent, we could end up with the European Court dictating to us the basis upon which we would be operating during that period. Does my hon. Friend agree?
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Government Operations
Robert James MacGillivray Neill (Conservative, Centre-right): I will not claim credit for all the ingenuity of the drafting, as I hope I shall make apparent in due course, but what if I told my hon. Friend that it is based on the work of the International Regulatory Strategy Group—one of the most distinguished groups of practitioners in this field? Would he think again about totally dismissing the thing, recognise it as a serious point that needs to be addressed here and engage with it?
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Law and Crime
Dominic Rennie Raab (Conservative, Centre-right): I absolutely will not dismiss it. I am happy to think twice, thrice and as many times as my hon. Friend wants to talk to me about it. But let me make a couple of points to illustrate the risk of uncertainty that his amendment would cause. Subsection (A3) of amendment 357 begs the question of whether retained EU law restrains acts or omissions that start within the UK but that may have effects outside of it. Equally, subsection (A5) conflates functions conferred on public bodies with those of the Secretary of State. They are not the same thing. I sense that, underpinning this, he is trying to legislate in advance for unknown unknowns. I understand that temptation but if we go down that path, there is a countervailing but very real risk of increasing, rather than mitigating, the legal uncertainty. With respect, I hope that he can be persuaded to withdraw his amendment.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): In order that I might reflect on that as the debate goes forward, perhaps my hon. Friend would like to give me an example of the circumstances in which he thinks my amendment might increase the legal uncertainty, rather than assist it. I will obviously listen to that.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): Well, I have just given two examples regarding subsections (A3) and (A5) of my hon. Friend’s amendment, but I would be happy to sit down with him and give some illustrative examples of how, in practical terms, I think that this is not actually the avenue or legal cul-de-sac that he wants to go down If my hon. Friend will forgive me, I will now turn to some of the other amendments in order that I give them due consideration in this important debate. In particular, I want to turn to amendment 278 and linked amendments 279 to 284 concerning exit day, which are from the Leader of the Opposition and other hon. Members The Prime Minister made it clear in her Florence speech that "The United Kingdom will cease to be a member of the European Union on 29 March 2019." It is clear that the UK will leave the EU at the end of the article 50 process—some of the suggestions around the caveat are wildly unrealistic. The Government have tabled an amendment to make sure the drafting of the Bill is crystal clear on this point and to give the country—businesses and citizens alike—additional certainty and a measure of finality on it These amendments would replace that clarity and finality with uncertainty and confusion. They would alter the meaning of the term "exit day" in the Bill, but only for the purposes of the provisions of clause 6. For those purposes, but for those purposes alone, the UK would not leave the EU until the end of the transitional period. I am afraid that that would create damaging legal uncertainty, and the amendments are flawed. They would have the effect that, for the duration of any implementation period that might be agreed—and we hope one will be, sooner rather than later—all the important provisions on the interpretation of retained EU law set out in this clause could not apply; they could take effect, if I have understood correctly, only from the end of that period. Since we have not yet agreed an implementation period with our EU partners, the effect of the amendments would be to create an indefinite and indeterminate transitional period, which rather raises the question of whether the Labour party is really serious about facilitating the process of a smooth Brexit at all.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): The hon. Gentleman is very kind. He had the chance in his speech to make his rapier-like points. I am dealing with his amendment and the very real risk that, with the greatest will in the world, what her Majesty’s Opposition are proposing will add to, rather than mitigate, the uncertainty. When we go away from the fireworks of this debate, it ought to be our common endeavour to minimise that uncertainty. My right hon. Friend the Secretary of State for Exiting the European Union made it clear yesterday that there will be separate primary legislation for the withdrawal agreement and any implementation phase, so these amendments are entirely unnecessary in any event. We have also been clear—I think this addresses the hon. Gentleman’s point—that, in leaving the EU, we will bring an end to the direct jurisdiction of the European Court in the UK Our priority must be getting the right arrangements for Britain’s relationship with the EU for the long term.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I have given way to hon. Gentleman before. I am going to make some progress That priority means getting a close economic partnership, but out of the single market, out of the customs union and without the direct jurisdiction of the European Court. We want to get to that endgame in a smooth and orderly way, with the minimum of disruption That is why we want early agreement on the implementation period—on that much, we are agreed. That may mean we start off with the European Court still governing some of the rules we are part of for that period, but the Government are also clear that if we can bring forward a new dispute resolution mechanism at an earlier stage, we shall do so. These amendments do not allow for that. They prejudge and pre-empt the outcome of negotiations, and they introduce legislative inflexibility by saying that we must keep rules in domestic law that would bind us to the jurisdiction of the European Court after we leave, for the full duration of any implementation period, without our knowing for a second how long that might be. The Government are making the case for legal certainty. The Labour party is proposing legal limbo. We cannot accept that.
European Union (Withdrawal) Bill — House of Commons, 2017-11-14
Topic: International Affairs
Dominic Charles Roberts Grieve (Conservative, Centre-right): I actually agree—I should make this clear to my hon. Friend—about the issue of transition. I find it difficult to see how we can approach transition in the course of this Bill. However, there is an important underlying issue here, because, ultimately, our future relations with the EU will have a very powerful bearing, whether it is in transition or even after transition, on what we want EU law to do and how we want it to be interpreted, depending on transition, or indeed when we have completely gone, and on the extent to which we wish to be in comity with EU law. This is the elephant in the room, and it will have to be debated at some point as the Bill goes through, because some of it does not have to do with transition but has really to do with an entire future relationship, and it marries with great difficulty with the constant reiteration that the ECJ is somehow going to disappear out of the window.