argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Charles Roberts Grieve (Conservative, Centre-right): My hon. Friend makes an interesting point. I slightly question the extent to which we have had clear evidence of that, although I know that there has been a reluctance on the part of the European Court of Justice to accept any higher authority, despite the intention of the parties that it should become subordinate, ultimately, to the ECHR. He is right that one reason why the charter came into being was to secure compliance. I think it is rather more of a hypothetical than an actual state of affairs, although such a problem might exist in future. In any event, I do not think we are dealing here just with matters covered by the ECHR, for the very reasons that were discussed earlier in relation to new clause 16, which was tabled by the hon. Member for Nottingham East. I simply say to my right hon. and hon. Friends that the issue has to be addressed As I said earlier, I recognise that my amendment is not as good as it might be, and could be improved on. If the Government can give me an assurance that is adequate and goes beyond vagueness, I will be content not to press amendment 10 a vote. The issue is not going to go away, however, and when one is in this sort of dialogue with the Government, one does not want to be soft-soaped off. If that happens, there will be a road crash when we come to Report, in which I will be unable to support the Government on a whole series of matters. I hope that those things can be resolved by consensus I have spoken for quite long enough, but I have explained why I think that, on the important issue that we are debating today, the best solution in the interim is to use something along the lines of amendment 10 to ensure that general principles of EU law can continue to be invoked. Of course, as the transition goes on, I assume that so much EU law may disappear, but I venture the suggestion that it will continue to be relevant for some time to come May I, finally, touch briefly on the three other amendments —297, 298 and 299—that I have tabled? They are very simple, and they concern the use in clause 5 of the words "any enactment or rule of law" I simply say that nobody I have spoken to understands why the words "rule of law" appear in the Bill. Ultimately, a rule of law is a rule of the common law; and in so far as a rule of the common law is displaced by statute, that rule will be displaced, of itself, by the courts. It does not require to be spelled out in legislation. I draw some comfort, on that, from the fact that a very distinguished lawyer who previously worked in this building shares my view that the inclusion of those words is incomprehensible. I do not think that that is a matter that I would necessarily put to the vote, if I was required to do so, but I hope that the Government might be able to provide a positive response on it. I am grateful to the Committee for listening.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Alexander John Gervase Chalk (Conservative, Centre-right): The charter applies only when national authorities are implementing EU law. Does the hon. Gentleman not agree that if it is retained, it risks creating a confusing inconsistency by giving citizens powerful rights to strike down some pieces of legislation, but not others? Is it not a case of doing either the whole thing, or nothing at all?
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Sue-Ellen Cassiana Braverman (Conservative, Centre-right): Will not the hon. Gentleman’s proposals create more uncertainty and raise more questions than answers? For example, considerable reference has been made to the Union, to citizens and to the right to vote and stand in European elections, but is that not at odds with our being a non-member state on our leaving the European Union?
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Law and Crime
William Nigel Paul Cash (Conservative, Centre-right): Has the hon. Gentleman considered the impact in relation to alleged and actual terrorists on the question of national security and case law? Many people who would like those individuals to be deported would find that extremely difficult under the principles of the charter because of the provisions relating to the protection of family life, which have been badly abused.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Oliver Letwin (Conservative, Centre-right): On a point of clarification, the hon. Gentleman said that the date on which the retention would end under the amendment would be the end of the transitional period. Did he mean that no new general principles of EU law formulated after that date would apply, or did he mean the retention would end at the end of the transitional period?
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Charles Roberts Grieve (Conservative, Centre-right): The hon. Gentleman has touched on an important point. If we are going into a transitional period retaining the architecture of EU law, or the vast majority of it for that period, to try to leave at the end of the transition and go back to the status of retained EU law on the date on which we moved into transition would be utterly unrealistic. It would have to be from the date on which we moved from transition to final departure.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): It is a pleasure to follow the hon. Member for Sheffield Central (Paul Blomfield). At the outset, I would like to thank hon. Members from right across the House for their contributions to today’s debate, whether in speeches or in amendments. The Government will approach the Bill in the spirit of collaboration, and I certainly welcome the constructive contributions and diligent scrutiny hon. Members are rightly providing today. I shall seek to address clause 5, and the Solicitor General will address schedule 1 a bit later in the debate, to make sure we dwell adequately and with due consideration not only on the provisions of the Bill, but on the various issues and amendments, for which I am grateful to hon. Members, that have been raised Clause 5 serves two key strategic objectives: taking back democratic control over our laws and making sure we leave the EU in a way that facilitates a smooth Brexit and minimises legal uncertainty. The Bill aims to provide that the laws which apply immediately before exit day will continue to apply in the same way after we leave. Of course, the act of leaving the EU in itself means it is inevitable that some things will not and cannot stay the same. The changes made by clause 5 relate to certain aspects of EU law which are no longer appropriate, or which will not make sense when we leave the EU because we will then cease to be under the obligations that apply to us as an EU member state. The provisions are therefore essential Clause 5(1) ends the supremacy of EU law in relation to new law from the date of exit. That is crucial if we are going to give effect to the mandate from the referendum. At the same time, clause 5(2) makes sure that EU law passed before exit still applies as before, for the sake of legal certainty. That is important for mitigating the risks of legal uncertainty that are inevitable and inherent in departure from the EU. The rest of clause 5 reinforces those critical objectives, including by removing the instrument of the charter on fundamental rights as part of domestic law. I want to come on to address that in detail.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Bernard Christison Jenkin (Conservative, Centre-right): May I refer my hon. Friend to clause 5(2)? My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), in his rather amazing speech which I think we all found very illuminating, said that this was a completely new principle to be applied in British law. Is it not just a translation of an existing principle in EU law into United Kingdom law for the purposes of a smooth Brexit? Is it not, in fact, less exceptional than being a member of the European Union and allowing a court in a wholly different jurisdiction to impose itself on parliamentary sovereignty?
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I thank my hon. Friend for his intervention and I will come on to address very carefully the speech made by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). I agree that there is an inherent sense that, as we move to change, things are not going to be exactly as they were before. I want to draw a very important distinction. We are leaving the EU and taking back control over our laws and the way we make our laws, so that Members across the House can exercise proper democratic control. At the same time, the substantive law—the rules and the principles—will remain the same, because of the snapshot we are taking on exit day and retaining in UK law, thereby avoiding the putative legal cliff-edge.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I will just make a little bit of progress and then I will give way to my right hon. and learned Friend I will address the detail of this by reference to the new clauses and amendments that have been tabled, because they usefully highlight and flag up the different concerns of hon. Members. As a matter of guiding principle, I hope all hon. Members can agree that we should not make changes that exacerbate the risk of legal uncertainty, which I think goes to the point my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) was making in his intervention. Our substantive law will remain the same on exit day, but it would be wrong in principle—indeed, I think we would find it counter- productive in practice—to seek to cling to all the procedural mechanisms that are inherent, intrinsic and inextricable institutional features of EU membership.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I will give way shortly to the hon. and learned Lady, because I know she supports some of the amendments I turn now to amendments 297, 298 and 299, tabled my right hon. and learned Friend the Member for Beaconsfield, and to amendments 285 and 286, tabled by the leader of the Labour party, the right hon. Member for Islington North (Jeremy Corbyn). My right hon. and learned Friend the Member for Beaconsfield wishes to remove any reference to "any rule of law", which is a reference in the Bill to common law rules in relation to provisions addressing supremacy of EU law. In effect, his amendments—at least as I have understood them, and I stand to be corrected—would allow EU law to continue to trump the common law after the date of exit. However, this would undermine both of the key strategic objectives of the Bill. It would mean in relation to common law rules articulated after exit day that retained EU law trumps them, undermining the UK’s basic constitutional hierarchy that we are seeking to restore and affirm.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): Allow me to make the point and then I will give way, because there are two sides to my right hon. and learned Friend’s amendment Paradoxically, with respect to the relationship between retained EU law and common law rules made up until exit day, my right hon. and learned Friend’s amendment would skew the clear and certain snapshot the Bill will take, because retained EU law would no longer supersede common law rules. By removing the common law from the operation of the Bill, I am afraid the amendments would—at least on the Government’s analysis—create considerable uncertainty for business and individuals alike.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Charles Roberts Grieve (Conservative, Centre-right): No, I want these words removed because they are completely unnecessary. To use that wonderful word that lawyers like to apply, they are otiose—they add absolutely nothing to the Bill. The common law will be adjusted according to the statutory framework in which it operates, so I say with some regret—because someone clearly came up with the idea—that it seems rather poor drafting. Others, whom I consulted because I was puzzled by this, and who have spent their lives drafting precisely this sort of legislation, seem to agree with me. I was trying to help my hon. Friend, not create some devilish plot to scupper Brexit.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Law and Crime
William Nigel Paul Cash (Conservative, Centre-right): On the subject of devilish plots and "The Screwtape Letters", may I refer my hon. Friend to chapter 12 of Lord Bingham’s magisterial work, "The Rule of Law and the Sovereignty of Parliament?"? In this context, its reference to the rule of law is highly relevant, simply because it refers, indirectly or directly, to the issue of the constitutional supremacy of law making and the construction placed upon it by the courts themselves. On that issue, the rule of law does, I think, have considerable salience.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): My hon. Friend makes a considered and thoughtful point. Given the changes we are making—for the purposes of greater certainty and clarity—I respectfully suggest to my right hon. and learned Friend the Member for Beaconsfield and other hon. Members across the House that it is worth having some clarity and certainty on this point I turn now to amendments 285 and 286. We discussed similar amendments from the leader of the Labour party on day one of the Committee in relation to clause 6, and for the same reasons given during that debate, we cannot support them. I note again what the Prime Minister said in her Florence speech: "The United Kingdom will cease to be a member of the European Union on the 29th March 2019" I will not speculate on the contents of the withdrawal agreement. The Government will do whatever is necessary to prepare for our exit and have already made it clear that separate primary legislation will be brought forward to implement the terms of the withdrawal agreement and any implementation period. With that in mind, the amendments would pre-empt and prejudge the outcome of the negotiations and introduce a straitjacket of inflexibility for the duration of any implementation period. We are all in the House committed to securing the very best deal with our EU friends and partners, and I respectfully suggest that the amendments would undermine that objective. I urge the leader of the Labour party not to press them.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I know that my hon. Friend is an expert on these matters because of her time in the European Parliament. I shall be addressing data protection directly, but I shall be happy to give way to her again in due course. The other argument that has been made about the charter is "If it does nothing wrong or does nothing by itself, where is the harm in keeping it?" However, as was pointed out by my right hon. and learned Friend the Member for Rushcliffe, the charter applies to member states only when they are acting within the scope of EU law. Indeed, it is a specific device intended to codify—not create—rights, and apply them to EU member states and other EU institutions operating within the framework of EU law. It would be curious, if not perverse, to incorporate that instrument directly in UK law, or implement it, at the very moment when we ceased to have the relevant obligations as a member of the EU.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I will make a slight bit of progress, and then I will give way Seeking simply to transplant the charter into our domestic law as it stands, dislocated from EU membership —given all the other points that Members have made about the way in which it would apply in practice—would not be appropriate, and, indeed, could introduce needless complexities that all of us, on both sides of the House, should legitimately seek to avoid.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Kenneth Clarke (Conservative, Centre-right): My hon. Friend has addressed my question, but, with great respect, he has failed to give an answer. It is true that the charter was originally proposed as a statement of European values to which all members of the European Union could adhere, but, as we have heard, it has developed. If it is doing no harm, why are the Government going to such lengths to get rid of it as the one specific change in the Bill? Presumably it is because it contains the words "European" and "rights", and this was intended as a Daily Telegraph gesture to the hard right wing of my party.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): As we leave the European Union, it will make no sense to retain the institutional framework of membership. What we will do is retain, in the way that I have described very carefully, the substantive rights that were codified in the charter. If, when we publish the memorandum, the hon. and learned Lady, or any Member on either side of the House, thinks that there is a gaping gap, we will be able to address that.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): I am not going to give way again The point I wanted to reaffirm is that, given that the substantive rights codified by the charter will be retained in EU law, it does not make sense to incorporate the EU charter itself, an element of the EU’s institutional architecture designed to regulate EU membership, at precisely the moment when we are leaving.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Rennie Raab (Conservative, Centre-right): The right hon. Gentleman is absolutely right that we need to be very careful to navigate our post-Brexit period in a way that minimises litigation. I cannot see that such litigation would be good for the UK and its taxpayers, and it is not good for sustaining a healthy relationship with our EU partners We do, of course, have article 8 in the ECHR, which is directly incorporated via the Human Rights Act, but, as I have said, if the right hon. Gentleman feels that any elements of it are not properly transposed into UK law when we publish the memorandum, the correct place for that to be considered will be the Data Protection Bill. The wider point is that the removal of the charter from UK law will not affect—
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Law and Crime
Charles Geoffrey Cox (Conservative, Centre-right): The number of cases in which the charter is cited— 248 in England and Wales—does not mean that it has had the slightest practical effect on the outcome of judgments, as the hon. and learned Lady knows quite well.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Law and Crime
Charles Geoffrey Cox (Conservative, Centre-right): The most familiar rejoinder of a judge when one cites the charter in the High Court is, "What does it add?" The most familiar response of counsel is, "Nothing." The most familiar course of the judge thereafter is to ignore it completely, in 95% to 99% of cases.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Dominic Charles Roberts Grieve (Conservative, Centre-right): May I gently say to my hon. Friend that although this is fascinating, we are actually talking about retained EU law which will not be subject to the jurisdiction of the Court of Justice of the European Union? I do have criticisms of the CJEU and the way it has operated at times, and I have had the pleasure, or misfortune, of appearing before it. Its teleological principles and its purposive interpretation of law have often been challenging in our national setting, although it is not a pariah court and by international standards it is a pretty good tribunal. So I stand by the points I made on that occasion, but they in no way diminish or undermine anything that I have said here this afternoon.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
William Nigel Paul Cash (Conservative, Centre-right): I simply add that I understand this with reference to the European Court in its existing situation, because not until we leave the EU are we able to avoid the jurisdiction of the European Court, so that applies at least for the next two years and probably for the two after that. God knows what they will do in the meantime. My European Scrutiny Committee has been holding meetings already on the European laws that have been proposed since the general election, but the problem is—
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Transportation
Antoinette Geraldine Sherratt (Sandbach) (Conservative, Centre-right): The Business, Energy and Industrial Strategy Committee heard some very interesting evidence today from representatives of the aerospace and airline manufacturing sectors. They said, "We want identical regulations for the safety of passengers. It is vital to the industry for our regulations to be exactly matched with those of Europe." There will be some areas in which we shall need regulatory matching.
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Law and Crime
Oliver Letwin (Conservative, Centre-right): Does my hon. Friend agree that a different amendment—perhaps a Government amendment on Report—could achieve the same purpose by restricting that part of schedule 1 to dealing with non-retained general principles of law, so that retained principles could form the basis for a right of action?
European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: International Affairs
Theresa Anne Villiers (Conservative, Centre-right): I apologise for my brief absence from the Chamber during the debate—it was because of the excitement of a Delegated Legislation Committee I wish to say a few words about why I feel unable to support the proposals to bring the charter of fundamental rights into UK law, but before I do so I acknowledge the huge importance we should all place on the scrutiny of this historic piece of legislation. The Bill is of course a critical part of the implementation of the huge decision made by the people of the United Kingdom in the referendum last year, and it obviously has a crucial role to play if we are to avoid a regulatory gap in relation to aspects of our law that are currently covered by EU legislation. Although I do not feel able to agree with the new clauses and amendments we are debating, I fully respect the intentions of those who have tabled them At a time of great change for this country, it is important that we find ways to work across party divides to come together to make a success of the process of implementing the referendum result and leaving the European Union. My goal for a successful outcome is a new partnership with our European neighbours, with which I hope those on both the leave and remain sides of the debate can be comfortable. It will, of course, be important for Ministers to listen to a spectrum of views before the final terms of our departure from the EU are settled, and I know they are strongly committed to doing that.