Clause 18 — Status of EU law dependent on continuing statutory basis

Part of Food Labelling Regulations (Amendment) – in the House of Commons at 8:45 pm on 11 January 2011.

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Photo of Bernard Jenkin Bernard Jenkin Chair, Public Administration Committee, Chair, Public Administration Committee 8:45, 11 January 2011

I think I am safe to agree with what the hon. Gentleman says, and that is why clause 18 is not a sovereignty case, as he says. Therefore, if he agrees with everything that I am saying, I cannot quite understand why he does not want to make clause 18 a sovereignty clause. It would be quite easy to do so. I cannot for the life of me understand this. What could be less contentious than a declaration in the Bill that said, "The sovereignty of Parliament is hereby reaffirmed"? The idea that this would somehow open the issue of parliamentary sovereignty to judicial interpretation seems to me the daftest bit of legal advice of the lot. We make the statute and statute overrules everything, so if Parliament is sovereign and says in statute that it is sovereign, we clobber whoever challenges that; indeed-it is up to Parliament-we could actually sack the judge who tried to do that.