Lord Mackay of Clashfern:

Moved by Lord Mackay of Clashfern

14: Clause 26, page 30, line 20, leave out paragraph (d) and insert—“(d) after subsection (5) insert—“(5A) Where a court or tribunal other than the Supreme Court or the High Court of Justiciary is of the opinion that any retained EU case law that is relevant to an issue before it should be departed from, that court or tribunal must—(i) in its judgment set out the reasons for that opinion, and(ii) refer the case to the Supreme Court or, as appropriate, the High Court of Justiciary,and if the Supreme Court or High Court of Justiciary grants leave for the case to proceed, it must decide whether to depart from the EU case law on the issue before it.”, and”Member’s explanatory statementThis amendment would introduce a procedure which could be initiated in any court of the United Kingdom and result in a decision which is authoritative in the United Kingdom without any interference with the independence of the judiciary.

My Lords, I have spoken to and certainly want to move the amendment. It is with great regret that I am voting against the Government, but that is what I want to do.

Ayes 206, Noes 186.

Amendment 14 agreed.