European Union (Withdrawal) Bill

Lord Judge Excerpts

Committee: 5th sitting (Hansard): House of Lords
Wednesday 7th March 2018 Lords Chamber

[Lord Hope of Craighead]

I am very grateful to the noble Lord and I apologise for not having paid due regard to that formula because the wording is exactly what I am looking for, but I am trying to fit it into the opening words of Clause 6(2). However, it is certainly right; I respectfully suggest that “may” is the right word to use. It is better to add in the bit about,

“where it considers it relevant”,

which is what comes from the noble Lord, Lord Pannick. So one is putting together bits and pieces of thought from various attempts to produce a formula.

Perhaps I may read out again for Hansard’s benefit how I suggest the provision might run: “A court or tribunal need not have regard to a judgment or decision given by the European Court on or after exit day, but it may have regard to it where it considers this relevant for the proper interpretation of retained EU law”. If “may” is used—although the noble Lord, Lord Pannick, will correct me—proposed new subsection (2C) in Amendment 56 will no longer be relevant. I say nothing about subsection (2B) which may have force and value if the court requires guidance as to what to do with the agreement between the United Kingdom and the EU.

I hope that that contribution will give the Minister something else to think about. I think that we all hope that on Report he may be able to come back with a formula which we can all endorse.

[Lord Judge (CB)]

My Lords, perhaps I may add a few words, simply because of the devoted affection in the Bill for the word “appropriate”. It is larded through the document. Its inappropriateness in this particular context needs to be underlined—I shall come back to it at a later stage under different clauses. It is terribly simple: if something is relevant to a court’s decision, it is likely to be appropriate that the court should look at it. If something is irrelevant to the court’s decision, it cannot possibly be appropriate for the court to look at it. So the term “appropriate” should go.