This is the one amendment this evening with which I confess that I have some sympathy. My interpretation of Clause 4(4)(a) is that it talks about the codification of practice under an existing competence. It does not talk about the codification of an existing competence but the codification of practice. As my noble friend Lord Waddington said, the EU has a history of stretching the practice of exercises of competence to take on ways of applying it that may not have originally been envisaged by those who agreed to the competence in the treaty. The example burnt in my mind is the notorious use of the health and safety provision to legislate from the EU on UK employment law a decade or so ago.
European Union Bill
Proceeding contribution from
Lord Blackwell
(Conservative)
in the House of Lords on Tuesday, 3 May 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on European Union Bill.
About this proceeding contribution
Reference
727 c388 Session
2010-12Chamber / Committee
House of Lords chamberSubjects
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