I shall deal with that point shortly, but—with respect to the right hon. Gentleman—he will have to be a little patient.
As Members will have noticed, I have sought only to strengthen clause 18, which, as it stands, merely refers to the ““Status of EU law””. We were promised a sovereignty clause, and my amendment would achieve that. The clause as it stands would be subject to statutory interpretation, and it would be strange, uncertain and hazardous not to insert this provision in the framework of the European Communities Act 1972 itself. Clause 18 is a stand-alone clause. It refers to the ““Status of EU law”” and to section 2 of the European Communities Act, but it does not amend the Act. I am talking here about section 2 through section 3, when the judges apply themselves to any law. The clause is only six lines long, but it incorporates and absorbs within it every single piece of European legislation, so it applies to everything. However, although we know that law from the European Union emanates through from the 1972 Act, this measure does not amend the Act when incorporating the status of EU law. I am extremely concerned about that and find it very strange. In fact I will go further and say that I think the measure is deliberately contrived to make sure it is not an amendment to the 1972 Act.
European Union Bill
Proceeding contribution from
William Cash
(Conservative)
in the House of Commons on Tuesday, 11 January 2011.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on European Union Bill.
About this proceeding contribution
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2010-12Chamber / Committee
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