The 11th hour of the 11th day, as my noble friend Lady Hayter says. If we had had a breakthrough, we would have been able to say we had finished Committee with a concession—not much of a concession, it would have to be said, because it is so obvious that this ought to happen, but at least it would have been something that we could build on as we move towards Report where we hope we will have a degree of constructive engagement.
This really does not make sense at all. We all know, and the noble and learned Lord knows—indeed, he accepted it—that there will be a role for the European Court of Justice after the magic exit day, whatever day we end up with. If there is not, this amendment does
not operate. It is very straightforward and simple: to suggest otherwise is cloud-cuckoo-land or Red Queen land.
The noble and learned Lord’s final recourse is to legal certainty. We all accept the importance of legal certainty, and that that is what is behind the Bill. However, there is complete legal certainty if this Bill, when it becomes an Act, says, “If something happens, this provision does not come into effect until the end of that period”. I will not quote Latin again, but we know there are principles which say that those things are certain which can be made certain, and it will be certain because we will know whether or not there is such an arrangement.
5.45 pm
I thank the noble Lords and the noble Baronesses who have spoken, all of whom have supported my position in their speeches and interventions. The noble Lord, Lord Kerr of Kinlochard, is absolutely right, of course, that what the Government are doing with the transitional arrangement does not solve the problem but postpones it. But, obviously, they hope that by postponing it, things will be more resolved at the end of that period. However, we cannot have a situation in which we have a vacuum, because the provisions for judicial interpretation and enforcement disappear.
The noble Lord, Lord Hannay of Chiswick, put himself momentarily into the role of a politician to consider what the Government would do, and I was envisaging exactly the same thing. If the Government have their way, this Bill will be passed in this way and they will trump to the world that the role of the European Court of Justice has gone—ended, so far as the United Kingdom is concerned, on exit day. Then, a few months later, the Prime Minister will have to stand up and say, “We have decided to reinstate a role for the European Court of Justice. We think it makes sense to do that”. I cannot see that happening. I cannot imagine why the Government would want to put themselves in that position.
Therefore, I very much hope that, despite the noble and learned Lord following his brief today, as he has very loyally done, when this comes back, which it undoubtedly will—unless the Government have the sense to put forward their own amendment, which I hope they will—they will accept that this amendment has to be followed through. In the meanwhile, I can do nothing else than beg leave to withdraw the amendment.