It is essential that the Supreme Court has certainty. The first part of clause 6(2) is admirably clear:
“A court or tribunal need not have regard to anything done on or after exit day by the European Court”.
Why then have the Government included the following phrase at the end of the provision:
“but may do so if it considers it appropriate to do so”?
I think Lord Neuberger has a point, and I give the Minister an opportunity to make the Government’s position clear.