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I will to try to help the noble Lord out. It is not just what the Government say; it is what is in the Bill. Clause 6(3) makes it absolutely clear that retained EU law must be interpreted, “in accordance with … retained general principles of EU law”. The Bill recognises it.
I am very grateful to the Minister for that encouraging response, and I am grateful to the noble Lords and noble and learned Lords who have spoken in this debate. On a matter of detail, the noble Lord, Lord Adonis, asked about new subsection (2B) in Amendment 56, giving guidance to the judges to look to the relevance of an EU agreement. The noble Lord asked how that would work. I shall give...
I entirely agree with the noble and learned Lord. I think I said in opening this debate that it is not that the judges cannot withstand criticism of their judgments, it is rather that we are all concerned about confidence in the rule of law. As the noble and learned Lord said, if the judges are left to take policy decisions in a very sensitive context, where a decision will have to be made as...
Entered the House of Lords on 3 November 2008
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