EU Exit Negotiations

Joanna Cherry Excerpts

Thursday 15th November 2018 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

Articles 14, 87, 89, 158 and 174 of this agreement mean that the jurisdiction of the European Court of Justice will continue to reign supreme across the UK, for four years after the transition period in some respects, for eight years after the transition period in other respects and indefinitely in the case of Northern Ireland. In what respects has the Prime Minister’s red line on the European Court of Justice survived this agreement?

[The Prime Minister]

I was very clear when we brought back the agreement in the December 2017 joint report that, in relation to citizens’ rights for example, there would continue to be an ability for the interpretation of the European Court of Justice in relation to European Union law on those rights to be considered for a period of time beyond the end of the transition period and that it would then cease.

It is not the case that Northern Ireland will be indefinitely under the jurisdiction of the European Court of Justice. The future relationship that we are negotiating with the European Union will ensure that the United Kingdom is removed from the jurisdiction of the European Court of Justice. If the hon. and learned Lady looks at the proposed governance arrangements, she will see that we are very clear that the court of one party cannot determine matters in relation to another party.