European Union (Withdrawal) Bill

Professor Craig addresses a potential categorisation of EU-derived legislation by reference to it...

I think I am following what the Minister is saying, but a moment ago he used the phrase “legislat...

It is only that part of the legislation which is derived from the EU which is then brought in and...

I accept that, but the Minister is assuming that legislation is always very neatly compartmentali...

Could I just follow on from that by expressing a related concern? We know what the Government’s a...

I am not sure I agree with that proposition. But of course, at the end of the day, pursuant to Cl...

I am really interested in what the noble and learned Lord has just said. Could he explain what th...

I am obliged to the noble Lord. I would never say anything in this House as a law officer. It is ...

I seek clarification from the noble and learned Lord. As I understand it, the words “so far as”, ...

That is indeed my reading. The noble Baroness alluded to this earlier in her contribution. That i...

I thank all noble Lords who have contributed to what has been a valuable debate, including the no...

Moved by

Lord Wallace of Tankerness

16: Clause 2, page 1, line 12, after “passed” ins...

My Lords, the amendment stands in my name and that of the noble Lords, Lord Foulkes, Lord Adonis ...

My Lords, I am really grateful to the noble and learned Lord, Lord Wallace of Tankerness, himself...

I am obliged to the noble and learned Lord and the noble Lord not only for explaining the amendme...

I am grateful to the noble and learned Lord. He does get my point that it is for clarity; in Sect...

I am obliged to the noble and learned Lord. I do not have any red lines so far as Clause 2 is con...

I am very grateful to the noble and learned Lord for his response and his willingness to look at ...

My Lords, I do not intend to speak to whether Clause 2 should stand part of the Bill.

Moved by

Baroness McIntosh of Pickering

18: After Clause 2, insert the following new ...

My Lords, I am delighted to speak to Amendment 18 in my name before the Committee this afternoon....

I support the amendment of the noble Baroness, Lady McIntosh, which seeks to clarify the status o...

My Lords, I am doubtful about this amendment for two reasons. The first is that the whole purpose...

My Lords, perhaps I might check that, in interpreting the clause as it now stands, it is not poss...

My Lords, for many of us, this is a seminar and we are hoping to learn quite a lot from noble and...

My Lords, I am grateful to my noble friend. For those of us who are not lawyers and are uninitiat...

My Lords, further to the point made by the noble Lord, Lord Liddle, as I have said before, this B...

My Lords, I want to add to the voices of those who have said that there is a lack of clarity and ...

My Lords, I draw the attention of the House to my declaration of interests. I declare an interest...

The noble Lord is undoubtedly right that there will be instruments in Brussels to which we have c...

I agree with the noble Lord, Lord Pannick, on that. However, the problem comes when an agreement ...

My Lords, I support the amendment and declare my interest as being employed by Cambridge Universi...

My Lords, it is fairly clear that this Bill already has enough to do in trying to deal with the s...

Is my noble and learned friend saying that the United Kingdom Government should absent themselves...

The problem about the arbitrary date is that it is rather an important one because it is when we ...

Does my noble and learned friend agree that my noble friend Lady McIntosh has raised an issue tha...

Before the noble and learned Lord answers that point, I add a further complication. Whether we ag...

The legal obligation would cease on Brexit day. That is the situation. Unless something has been ...

Does the noble and learned Lord think that there is a distinction between those directives that w...

If it is implemented before the 29th it is part of our law.

What if the obligation to implement them is before that date, but we have not fulfilled that obli...

The question does not arise if they have not been adopted before. The amendment deals only with d...

I would like some technical clarification on this. My understanding of the example I gave is that...

I am beginning to find myself answering questions that I should pass on to my noble and learned f...

My Lords, I am still not quite convinced by the explanation of the noble and learned Lord, Lord M...

If it has become part of our law, even if it is postponed, it is subject to this Bill. If it has ...

I would quite like to complicate matters a little further. It is unfortunate that the word “snaps...

The noble and learned Lord, Lord Mackay of Clashfern, says that he is confused about the transiti...

Will the noble Baroness be kind enough to make a distinction between these things? It seems to me...

I agree: the Committee will be pleased to know that, had the letter ended like that, I would not ...

My Lords, I am obliged to all sides of the Committee for their contributions to this part of the ...

Nobody, I think, has questioned that. We are talking about directives.

That is what we began talking about but the noble Baroness, Lady Hayter, for example, has referre...

Perhaps I might suggest to the Minister, and ask him to confirm, that there will also be directiv...

With respect, that is a slightly different point. First, the Government are committed to implemen...

Both my noble and learned friend the Minister and my noble and learned friend Lord Mackay have in...

There is no legal basis for doing so. With great respect to my noble friend, her amendment would ...

Following this is fairly complicated, is it not? To add to that complication, what will be the po...

We have to be clear here about the distinction between implementation and application. Essentiall...

I do not want to overlabour this point, and perhaps it is one that the Minister could look at bet...

If I understand the noble Lord’s point, he is suggesting that we may have a situation in which a ...

Yes, indeed, or it may have failed to have been implemented within the timeframe in one area and ...

In that event, it will be by reference to the exit date that we determine whether or not it forms...

I wonder if the Minister could deal with one category which I do not think he has dealt with yet;...

The implementation period is a wholly distinct issue from what we have to address in the context ...

For those of us who have not been following the minutiae of the Government’s announcements, can t...

My Lords, my understanding is that the Government are determined, and have the present intention,...

I express my gratitude and admiration for the way that the noble and learned Lords, Lord Mackay o...

No, that would not be covered, because in those circumstances there would have been no crystallis...

Will the Minister take another look at Clause 4(2)(b), which is a double negative? It talks about...

In my submission, it fits entirely with what is said in Clause 4(2)(b) and is consistent with tha...

This is the precise subject of Amendment 26, which arises out of a recommendation from the Consti...

I am obliged to the noble Lord, but we have ranged rather widely in the context of the present de...

I am grateful to all those who have spoken in this debate. I had not realised that we were going ...

I cannot call Amendment 20A, as it is an amendment to Amendment 20.

Moved by

Baroness Hayter of Kentish Town

21: After Clause 3, insert the following new...

My Lords, this amendment has support from across the House: it is supported by the noble Lords, L...

Moved by

Lord Cashman

22: After the new clause, at end insert—

“( ) human right...

This amendment is in my name and that of my noble friend Lady Kennedy. I agree wholeheartedly wit...

My Lords, I support the noble Baroness, Lady Hayter, on Amendment 21. I do not intend in my remar...

My Lords, I too support Amendments 21 and 22, which would restrict the powers of Ministers to mod...

My Lords, the support of the noble Lord, Lord Kirkhope, for the amendment will be welcome. It ref...

Would my noble friend give way? I want to be helpful to his argument. He refers to Professor Minf...

My Lords—

I think that was an intervention. I gave way believing that it was.

It was to help my noble friend, yes.

I do not know whether or not to be pleased by that remark. It was very kind of my noble friend to...

My Lords, has the noble Lord considered that, rather than resorting to his mythical thing of worr...

My Lords, we have already heard that this amendment is necessary, for some of the reasons that th...

My Lords, in considering how to deal with this legislation in future, will the Government keep ve...

I agree with what the noble Earl said about the balance between work life and family life, partic...

My Lords, I shall speak to Amendment 23A but, before I do so, I should like to say how much I adm...

My Lords, I shall speak to Amendment 21. The Bill gives Ministers what the Constitution Committee...

Before the noble Baroness sits down, I invite her to agree with me that the fears that she raises...

My Lords, three pretty clear themes are emerging around the House. First, you should be able to u...

The Bingham Centre makes the very cogent point that there is no clear analysis so far as to what ...

I precisely did not elaborate on the reasons why, as I felt that I did that at some length on Mon...

The Human Rights Act is expressly preserved as a result of the changes that the Bill is going to ...

Given the noble Lord’s objections to the drafting of this amendment, does he sympathise, as I do,...

I am grateful for that intervention. I am certainly receptive to the possibility of some restrict...

If I may, I shall just reference the former Attorney-General, Dominic Grieve, who wrote recently:...

I am grateful to the noble Lord for giving way, but does not he see how absurd the argument is th...

The noble Lord, Lord Forsyth has great foresight, because I am about to cover that in my speech.<...

In terms of limiting the powers of Ministers, is that not within Clause 7? Forgive me if I have m...

With all due respect, that is the whole objective of this—the fact that one can use statutory ins...

Did the noble Lord think that it was the intention of Miss Gina Miller that, when the House did h...

I remind the noble Lord that this House, in that Article 50 Bill, had two of the largest votes in...

My Lords—

I am coming to the noble Lord, Lord Forsyth—will he please have some patience? Specifically, Sect...

My Lords, may I elaborate on the point made by the noble Lord, Lord Pannick and invite the Minist...

The only reason why the noble Lord is not carrying me with him is that I do not understand the pu...

My Lords—

May I just have a few moments?

Hear, hear.

Well, noble Lords may not want to hear what I am going to say. I have had a sense developing over...

My Lords, as may have been observed during the passage of the Investigatory Powers Bill, the Gove...

I am grateful to the noble and learned Lord for giving way. Of course, we hope that we are not ta...

That is why Clause 7 is drafted in the terms in which the noble Lord will find it in the Bill.