Speech in Lords Chamber - Mon 23 Apr 2018
European Union (Withdrawal) Bill
"My Lords, I agree very much with what the noble Lord, Lord Pannick, has said about the charter in his Amendment 15 and I agree with him in Amendment 19, to which I have added my name. I want to refer to Amendment 18, which deals with yet another area …..."Lord Beith - View Speech
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Speech in Lords Chamber - Mon 23 Apr 2018
European Union (Withdrawal) Bill
"..."Lord Beith - View Speech
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Speech in Lords Chamber - Mon 23 Apr 2018
European Union (Withdrawal) Bill
"I beg to move an amendment that I regard as, in broad terms if not technically, consequential on our earlier decision...."Lord Beith - View Speech
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Written Question
Thursday 29th March 2018
Asked by:
Lord Beith (Liberal Democrat - Life peer)
Question
to the Department for Exiting the European Union :
To ask Her Majesty's Government what matters they intend to be covered by regulations made under paragraph 1(2)(b) of Schedule 1 to the European Union (Withdrawal) Bill; and whether they will publish draft regulations under that paragraph so as to assist the House during consideration of the Bill at Report Stage.
Answered by Lord Callanan
- Shadow Minister (Foreign, Commonwealth and Development Office)
The right to declare an EU instrument invalid is something that can currently only be done by the Court of Justice of the European Union. In general, the Government considers that it does not make sense to create, for our domestic courts, an entirely new jurisdiction in which they are required to take on this function from the CJEU and consider, for example, questions around whether the relevant EU institution misused its powers or complied with the applicable procedural requirements.
However, we recognise, for example, that in some circumstances, individuals and businesses may be individually affected by an EU instrument. For instance, a decision of an EU institution or body may be addressed directly to an individual or business.
This power could be used to enable a right of challenge in domestic law to the validity of retained EU law in such circumstances. This could include provision enabling a challenge which would have been against an EU institution to proceed against a relevant UK public authority instead.
We want to take the time to get this right and we will consider carefully the circumstances where it would be appropriate to enable challenges to be available in domestic law, and the best way of enabling those challenges to proceed. The Government is not planning to publish any draft regulations at Report Stage, but we are keen to listen to and take into account the views of Parliament on this important issue.
Speech in Lords Chamber - Wed 14 Mar 2018
European Union (Withdrawal) Bill
"My Lords, I am sorry I missed the beginning of the speech of my noble friend Lord Sharkey as a result of unaccustomed speed breaking out on the Bill’s proceedings while I was having a cup of tea. Whether this will be repeated, I do not know.
I had discussions …..."Lord Beith - View Speech
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Speech in Lords Chamber - Wed 14 Mar 2018
European Union (Withdrawal) Bill
"What is the point of leaving in this Bill the power to make regulations which can now only be brought into effect once the withdrawal agreement Bill has been passed? Should we not just remove those provisions now and ensure that any provisions included in the withdrawal agreement Bill meet …..."Lord Beith - View Speech
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Speech in Lords Chamber - Wed 14 Mar 2018
European Union (Withdrawal) Bill
"My Lords, I follow my noble friend on her specific point and reiterate the question. On the specific point, we are in even more of an Alice in Wonderland world than she and the noble Lord, Lord Lisvane, indicated because under subsection (2) it might be possible to make regulations …..."Lord Beith - View Speech
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Speech in Lords Chamber - Wed 14 Mar 2018
European Union (Withdrawal) Bill
"I am sure the noble and learned Lord is right, but the Government cannot do any of these things until the withdrawal agreement Bill has been passed; therefore the kind of provision he is talking about might more appropriately be made in that Bill than this one...."Lord Beith - View Speech
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Speech in Lords Chamber - Wed 14 Mar 2018
European Union (Withdrawal) Bill
"Under the provisions of Clause 9, that could not be done before the passage of the withdrawal agreement Act. Therefore, should it be necessary, that can be done in that Act, either by specific provisions in the Act—which most of us would prefer—or by statutory instruments provided for under the …..."Lord Beith - View Speech
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Speech in Lords Chamber - Wed 14 Mar 2018
European Union (Withdrawal) Bill
"My Lords, I want to direct the Committee’s attention to the fact that in the process of defending this Parliament and trying to bring back control to it, we are in danger of legislating one of the worst set of Henry VIII powers that could possibly be imagined. They would …..."Lord Beith - View Speech
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