European Union Bill

Debate between Lord Howe of Aberavon and Lord Armstrong of Ilminster

Monday 23rd May 2011 Lords Chamber

[Lord Armstrong of Ilminster]

My Lords, I intervene as one who is not learned in the law, unlike most previous speakers. I put down an amendment that Clause 18 should not stand part of the Bill. The noble and learned Lord, Lord Howe, referred to that and also put his name to the amendment.

I listened to those who are learned in the law dancing on the point of a legal pin. I shall take the matter away and look at what they said, because it seems to me—as it seemed when I tabled the amendment—that the clause is, as has been said, not just unnecessarily vague but unnecessary. As has also been said, it is declaratory in effect. However, the legal position is perfectly clear from Section 2 of the European Communities Act 1972. Like the noble and learned Lord, Lord Howe, I remember vividly the discussions that led up to that section. It has been buttressed by opinions in the Court of Appeal, if not in the Supreme Court—or House of Lords as it was—and I have not been convinced that we need Clause 18 in the Bill. I share the views of the noble Lord, Lord Kerr of Kinlochard, about the undesirability of declaratory provisions that do not change anything. Therefore, I have not yet been convinced that the law is uncertain or not absolutely clear already in this matter and needs to be reinforced or redeclared by the clause.

[Lord Howe of Aberavon]

Perhaps the noble Lord will allow me to intervene. I ought to have been more courteous in my portrayal of our partnership in a form that he would prefer to support. The reason that I was impelled in the Scottish direction was in order to underline the importance of the 1972 Act. The noble Lord, Lord Armstrong, is right to argue that we do not need the clause. However, it can do no harm to have the overriding importance of the 1972 Act being manifest, and to remove the ambiguity of the original Clause 18 and move beyond the removal of the offending clause to underline the proposition and lay it further beyond doubt. That is why I am inclined to prefer to move in that direction. However, I do so with apologies to my erstwhile partner.

[Lord Armstrong of Ilminster]

My Lords, I am grateful to the noble and learned Lord, Lord Howe, for saying that. I do not feel any differently about underlining something from how I do about declaring something that is already in existence, is supported by the judiciary and is not in question. Of course, I shall read the interventions of noble Lords who have spoken previously on these matters, but I remain to be convinced that we need this clause in the Bill.