UK Parliament / Open data

European Union (Withdrawal) Bill

No, I will make some progress on the arguments which matter. As the Constitution Committee of this House said at paragraph 119 of its report, the conundrum is this:

“The primary purpose of this Bill is to maintain legal continuity and promote legal certainty by retaining existing EU law as part of our law, while conferring powers on ministers to amend the retained EU law. If, as the Government suggests, the Charter of Fundamental Rights adds nothing to the content of EU law which is being retained, we do not understand why an exception needs to be made for it. If, however, the Charter does add value, then legal continuity suggests that the Bill should not make substantive changes to the law which applies immediately after exit day”.

I want to examine the reasons that are put forward for not including the charter. The more I look at the arguments, the more convinced I become that the Government have got it wrong. I will not deny that there are issues as to the best way to bring the charter into effect in domestic law, and there are other amendments which will debate that, but Amendment 13A would require the Government to bring forward proposals for its continued application and the route by which the charter can be given effect.

About this proceeding contribution

Reference

789 cc537-8 

Session

2017-19

Chamber / Committee

House of Lords chamber

Subjects

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