Charter of Fundamental Rights – Government Report

Part of European Union (Withdrawal) Bill – in the House of Commons at 2:45 pm on 21st November 2017.

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Photo of Dominic Raab Dominic Raab The Minister of State, Ministry of Justice 2:45 pm, 21st November 2017

I am not sure where this devilish plot has come from—I have made no such suggestion; I was simply pointing out to my right hon. and learned Friend that, as my hon. Friend Mr Jenkin, the Chair of the Public Administration and Constitutional Affairs Committee, mentioned earlier, some of the amendments run the risk of creating more, not less, uncertainty, notwithstanding their perfectly laudable and genuine aims.

If my right hon. and learned Friend’s amendment were passed, it would no longer be clear how common law rules would interact with a particular provision of retained EU law in the event of a conflict between the two. Across a range of issues, from animal welfare to competition law, the concern is that such an approach would create uncertainty about the legal position of citizens and businesses. I am sure that this was not his intention. I am not looking for devilish plots on any side of the House, but I do fear that that would be the practical reality.