European Union Bill

When I read Clause 18, I took the view that it corresponds to what is our practice in this country, as explained by the noble and learned Lord, Lord Mackay. That approach has been confirmed in at least two judgments in the courts, as well as in our general practice and how we describe the question of the status of EU law. Why is it here? I understand that clearly. There has been considerable discussion about parliamentary sovereignty, so I understand why the Government have proposed this. Discussion in the House of Commons confirmed that concerns over those issues and whether that should be covered in statute remain. The Government have put it into statute. That does not change the substance, but it must change something, because it is here for the first time in statute; whereas before it was the practice of the courts based on the European Communities Act 1972. That is how it worked. I fully understand all that. Here we have two amendments. One would leave the text exactly as it is but add something which comes from the Explanatory Note. That point could be looked at carefully, but it does not change Clause 18 as presented by the Government. It is not being changed; something is being added to it. The other amendment, in the names of the noble Lord, Lord Kerr of Kinlochard, and the noble and learned Lord, Lord Mackay, changes to a modest degree the text which has been put on the table. It changes it by making explicit that it is by virtue of the European Communities Act 1972 that we have recognition of availability in law of EU legislation. It is explicit on that point. It avoids the initial phrase in the Bill, which states: "““It is only by virtue of an Act of Parliament””." It is a clarification of that point. However, it does not change the basic structure of the way in which we deal with Community legislation. We deal with it by the authority of an Act of Parliament. That is how we operate and it is absolutely imperative to stick to that. It is how we have operated ever since we have been in the European Community—or, now, the European Union—and recognition of that in statute is perfectly reasonable. There are two amendments but, in particular, we have to decide whether the wording of Amendment 59, which makes the situation explicit with the words: "““By virtue of the European Communities Act””," and does not include the specific phrase: "““It is only by virtue of an Act of Parliament””," is clearer and more likely to avoid misinterpretation. I tend to favour Amendment 59 for that reason.