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

Part of the debate – in the House of Lords at 5:45 pm on 28th February 2018.

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Photo of Baroness McIntosh of Pickering Baroness McIntosh of Pickering Conservative 5:45 pm, 28th February 2018

I am grateful to all those who have spoken in this debate. I had not realised that we were going to have such a full debate, but it shows the importance of the issue that has been raised in Amendment 18. With regard to fuzzy wording, I am sure that my noble and learned friend Lord Keen, like myself, remembers a key distinction. I was one of the first law students to do the compulsory six-month constitutional law course on EU law, in which we learned straight off that a regulation is directly applicable and does not require any other implementation, whereas a directive is given direct effect only through implementation.

I am grateful to the noble Lords, Lord Wigley and Lord Liddle, who managed to put more flesh on the bones and give much greater clarification to what I was hoping to say. I am a little concerned by the Minister recognising that there is no legal basis for what we are seeking to do here—and my noble and learned friend Lord Mackay of Clashfern as well. I suggest, mindful of the comments made by the noble Lord, Lord Pannick, that this amendment has established that a legal basis is required, and that if this is not the wording that would give that legal basis, I would request that the Government come forward by Report with the legal basis in the form of an amendment on which the House could agree. On that basis, I beg leave to withdraw the amendment.

Amendment 18 withdrawn.

Amendment 19 had been withdrawn from the Marshalled List.

Clause 3: Incorporation of direct EU legislation

Amendment 20 not moved.