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European Union (Withdrawal) Bill - Committee (3rd Day)

Part of the debate – in the House of Lords at 5:30 pm on 28th February 2018.

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Photo of Lord Falconer of Thoroton Lord Falconer of Thoroton Labour 5:30 pm, 28th February 2018

I express my gratitude and admiration for the way that the noble and learned Lords, Lord Mackay of Clashfern and Lord Keen of Elie, are bringing lustre to the Scottish Bar in the way that they are answering all these questions so brilliantly and with such trouble. My inquiry relates to a directive requiring implementation that has not been implemented, where there are certain rights that would be directly enforceable by an individual and there is no court case that says that. Can you go to court afterwards and say, “We can enforce that because there was a directive prior to the date of exit”? No court has said that it was directly enforceable; you could argue subsequently that if you win, you win—this would be in the domestic courts—and can say it is enforceable. Would that be covered?