Repeal of the European Communities Act 1972

Part of European Union (Withdrawal) Bill – in the House of Commons at 1:15 pm on 12th June 2018.

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Photo of Kenneth Clarke Kenneth Clarke Father of the House of Commons 1:15 pm, 12th June 2018

I am rather sorry that my right hon. Friend is so distrustful of judges on what are essentially procedural or constitutional matters, but could he define “appropriate” to me? It is one of those vague words that I suspect means “if the Minister feels that he or she wants to, one way or the other”. A decision could almost certainly not be challenged by judicial review, because the word is so wide and vague that there is no conceivable argument that could be raised to challenge the Minister’s opinion. We cannot take powers in that way meaning that the Government are able to legislate on matters that will be important to some individuals entirely at a Minister’s uncontrolled discretion.