European Court of Justice

Exiting the European Union – in the House of Commons at on 9 January 2020.

Alert me about debates like this

Photo of Lia Nici Lia Nici Conservative, Great Grimsby

Whether the UK will be required to comply with (a) EU law and (b) rulings of the European Court of Justice after the UK leaves the EU.

Photo of Huw Merriman Huw Merriman Conservative, Bexhill and Battle

Whether the UK will be required to comply with (a) EU law and (b) rulings of the European Court of Justice after the UK leaves the EU.

Photo of Chris Clarkson Chris Clarkson Conservative, Heywood and Middleton

Whether the UK will be required to comply with (a) EU law and (b) rulings of the European Court of Justice after the UK leaves the EU.

Photo of James Duddridge James Duddridge The Parliamentary Under-Secretary of State for Exiting the European Union

I congratulate my hon. Friend Lia Nici on her election as the first Conservative MP for Great Grimsby since 1945—fantastic!

The withdrawal agreement ensures that the current role of the European Union institutions, including the European Court of Justice, and the obligation to comply with European Union law as it is now end with the implementation period on 31 December 2020. There are limited exceptions, such as citizens’ rights, to give businesses and individuals certainty. The agreement enables a relationship between sovereign equals.

Photo of Lia Nici Lia Nici Conservative, Great Grimsby

I thank the Minister for his response. Does he agree that coastal areas such as my Great Grimsby Constituency voted particularly to ensure that we take back control of our fishing Laws, and that it is essential, following Brexit, that laws governing fishing are decided here in the UK?

Photo of James Duddridge James Duddridge The Parliamentary Under-Secretary of State for Exiting the European Union

I agree with my hon. Friend. I recognise the importance of this issue as I, too, represent a coastal Constituency. As we leave the EU, we will be an independent coastal state and we will introduce our own independent fisheries policy. We will be able to control access to and management of our waters. That presents opportunities for the UK fishing industry, and the Government are determined to make the most of such opportunities for the people of Grimsby and the rest of the United Kingdom.

Photo of Huw Merriman Huw Merriman Conservative, Bexhill and Battle

On 30 January, I shall be holding a public meeting to explain the terms of the withdrawal agreement. When I held my last meeting relating to the previous withdrawal agreement, concern was raised about the European Court’s ability to determine issues that arise. Will my hon. Friend confirm that, under articles 167 to 181 of the new withdrawal agreement, while the Court can have matters referred to it, it cannot actually determine, because we will now have an arbitration panel, over which the UK will have a large degree of control?

Photo of James Duddridge James Duddridge The Parliamentary Under-Secretary of State for Exiting the European Union

I can confirm that the withdrawal agreement establishes an arbitration panel as part of the standard mechanism for settling disputes between the UK and the EU. After 31 December, the Court of Justice of the European Union will no longer be the final arbiter of disputes under the disputes resolution mechanism. I look forward to an invite to my hon. Friend’s event.

Photo of Chris Clarkson Chris Clarkson Conservative, Heywood and Middleton

I thank the Minister for his assurances on the ECJ. People in Heywood and Middleton voted to leave the European Union by a quite significant margin. Does he agree that the critical reason for that was a wish to take back control of our Laws to this place and not to be dictated to by Brussels?

Photo of James Duddridge James Duddridge The Parliamentary Under-Secretary of State for Exiting the European Union

It is wonderful to see my hon. Friend in the Chamber—he is not the first Conservative MP for his Constituency since 1945, but the first ever Conservative MP for Heywood and Middleton. This Government have prioritised negotiating a deal that disentangles us from the European Union’s legal order and does indeed take back control of our Laws.

laws

Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

constituency

In a general election, each Constituency chooses an MP to represent them. MPs have a responsibility to represnt the views of the Constituency in the House of Commons. There are 650 Constituencies, and thus 650 MPs. A citizen of a Constituency is known as a Constituent

this place

The House of Commons.