The noble and learned Lord will recall that, whenever he opposed me with that argument from his position in the House of Lords or Supreme Court, I did my best to try to explain why there is an error in his thinking. With respect, I do the same here. If one takes, for example, one of the rights in the charter which does derive from Union law, is it to be said that although it is going to be transposed into our law as an EU retained law, it will no longer be subject to any of the protections that it has at the moment through being subject to the charter? It does not mean, as the noble and learned Lord, Lord Brown, suggested, that all UK law will be subject to this protection. It does mean that that law which is currently subject to that protection will continue to be so unless and until it is amended. That is the way that one gives effect to the intention that the law should be the same the day after Brexit as the day before.
I want to underline that we are talking about the extent of substantive protections; other protections and their extent; and the lack of enhancement of rights. These are all distinct points. I will also refer to the loss of the effect of charter principles. Noble Lords who have studied the charter will know that as well as rights there are principles. The principles are more aspirational, but they guide the legislator and that is a useful thing to have. Even leaving that aside, the other items I identified—the substantive protections, their nature and their enhancement or lack of it—are all things which mean we will not have the same protections after exit day as we have at the moment.