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.
European Union Bill
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 bills on European Union Bill.
About this proceeding contribution
Reference
726 c1680 Session
2010-12Chamber / Committee
House of Lords chamberSubjects
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2023-12-15 19:06:21 +0000
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