Debates between William Cash and Michael Ellis during the 2010-2015 Parliament

European Union Bill

Debate between William Cash and Michael Ellis
Monday 24th January 2011

(13 years, 4 months ago)

Commons Chamber
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Michael Ellis Portrait Michael Ellis
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That is absolutely right. Conservative Members have learned lessons from previous enlargements and we will not allow full free movement of workers from all new members, carte blanche, as soon as they join. We should require, it seems to me, complete fulfilment of all the membership criteria, particularly on criminal justice enforcement, for example. Labour messed up on that previously and this country suffered.

I respectfully submit that there has previously been a fundamental lack of understanding of sovereignty issues in this country. One example I would venture to provide is Labour’s creation of the Supreme Court. The very name is a misnomer, I submit, because in this country the law is not as it is in the United States where the American Supreme Court in Washington DC is empowered to say that the Government’s legislation is unlawful and to strike it down. The US Supreme Court can overrule Congress, but in this country Parliament is sovereign. Labour thus showed a fundamental misunderstanding of the British constitution when it called the institution that took over from the House of Lords judicial committee “the Supreme Court”. The law in this country is not supreme; Parliament is supreme and Parliament gives the law its authority, not vice-versa, unlike under the American system.

That brings me to clause 18, which is crucial and reaffirms that Parliament has ultimate sovereignty over European law.

William Cash Portrait Mr Cash
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I take issue with my hon. Friend on that, simply because we had a significant debate on it and the European Scrutiny Committee took a completely contrary view.