I am just coming to the hon. Gentleman's point.
I was minded to accept that we had done such a thing before I heard my hon. Friend the Member for Stone speak, but he has described how the situation might have been made worse than it would have been under the previous drafting of the clause. He referred to section 20 of the Interpretation Act 1978, which, if I understand it correctly, already stipulates that when an Act is referred to in an Act of Parliament that Act is deemed not to be constantly updated by subsequent amendments. The Act referred to in an Act of Parliament stands as it stood at the time of enactment and by specifying the European Communities Act 1972 in this clause we are opening up the possibility that at some stage in the future the 1972 Act will be amended but this clause will not apply to the amended Act or to the amendments to the Act, but only to the Act as it stands now. Should there be a dispute between the Supreme Court and Parliament about the sovereignty issues that touch on our relationship with the European Union, the question would be left open with more ambiguity rather than less.
Given that we started from an entirely unsatisfactory position, I must say that I will support my hon. Friend the Member for Stone in the Lobby tonight if his amendment is put to a vote. It is important to put it on the record that the situation is unsatisfactory, that it is not as we wanted it to be when we set out our manifesto and that we are possibly making the situation worse. If we accept the amendment from the other place, we might make the situation even worse, and the very fact that my right hon. Friend the Minister has adjusted his position to accommodate the wording from the other place adds to the sinking feeling that the Government do not stand on stable legal ground and that they can be pushed around by extremely able, intelligent and clever people who nevertheless have a different view from my right hon. Friend and I on the question of our future relationship with the European Union. I am left uneasy and I want to register that unease tonight.
European Union Bill
Proceeding contribution from
Bernard Jenkin
(Conservative)
in the House of Commons on Monday, 11 July 2011.
It occurred during Debate on bills on European Union Bill.
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2010-12Chamber / Committee
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