European Union (Withdrawal) Bill

I suspect that the noble Lord, Lord Pannick, whose amendment it is, is better placed to answer. My answer would be twofold. First, it specifically tells the judge what to have regard to; it does not leave it completely open. Secondly, it uses a rather more familiar expression, “relevant”. A judge will be able to say, “When construing this, I have looked at the document”—namely, the agreement referred to in subsection (2B)—“to which I am required to have regard. In my view, it tells me to do this or that”. It is specific guidance, albeit indirect specific guidance, through the agreement referred to in subsection (2B), whereas the term “appropriate” leaves it completely open for the judge to decide whether it is appropriate, if I may use that word, to consider matters that he or she is not specifically told to take into account. The judge has to make the decision, “Do I think about x; do I take that into account”? Here, the judge knows what he or she has to take into account because it is spelled out; namely, the agreement.