Results 81–100 of 8482 for speaker:Bill Cash

European Union (Withdrawal) Bill: Retaining Enhanced Protection (15 Nov 2017)

Bill Cash: Will my right hon. and learned Friend give way?

European Union (Withdrawal) Bill (15 Nov 2017)

Bill Cash: On a point of order, Dame Rosie. On the yesterday’s selection list—and, in part, today’s—there are some extremely helpful references to the page numbers of this enormous wodge of amendments. Would it be possible for the Clerks to be good enough to put the page numbers on the selection list for easy reference, because it is sometimes quite difficult to find the...

European Union (Withdrawal) Bill: Interpretation of retained EU law during transitional period (14 Nov 2017)

Bill Cash: My right hon. Friend is asking some very interesting questions, but that does not necessarily mean—he, or indeed any of us in this Chamber, not being a judge—that he is drawing the right conclusions. He is pointing to several questions that need to be raised, however, although he has not mentioned that clause 5(1) states: “The principle of the supremacy of EU law does not...

European Union (Withdrawal) Bill: Interpretation of retained EU law during transitional period (14 Nov 2017)

Bill Cash: I just wanted to refer to chapter 12 of the book by Lord Bingham, entitled “The Rule of Law”, which I am sure the hon. and learned Lady is aware of, in which he criticises Lady Hale for her view on the relationship between Parliament and the judges. Is she aware of that?

European Union (Withdrawal) Bill: Interpretation of retained EU law during transitional period (14 Nov 2017)

Bill Cash: On the issue of potholes, will the Minister give way?

European Union (Withdrawal) Bill: Interpretation of retained EU law during transitional period (14 Nov 2017)

Bill Cash: I mentioned to the Prime Minister during her statement a few days ago the bear trap that I can see coming up during the transitional period if we are not careful because of the manner in which the European Court operates by the purposive rule; I know my hon. Friend will understand. During the transitional period, when we are faced with a court operating under that rule and not by precedent,...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I am sure that my hon. Friend will be making this point, but I will try to anticipate it. There are circumstances in which the pooling of sovereignty by virtue of, for example, NATO is claimed to be a genuine pooling, but it is not, because it is possible to withdraw from it. The whole point about the European Communities Act is that it is not possible to withdraw from it except by repealing...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: The answer is that I am supporting the outcome of the referendum, which, by virtue of our sovereign Acts of Parliament, we decided that we would pass over—

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I had actually spotted that, Dame Rosie, and I am most grateful to you for confirming that I am in order. Let me now touch on some of the issues that arise from this continuous emphasis on the virtues of the European Court of Justice. There is the constitutional principle, which I have already explained, and there is the case law, which I have also already explained. But it goes further than...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I certainly will; I should be only too delighted. I have been waiting to hear from my right hon. and learned Friend, whom I happen to know very well, and for whom I have great respect. I shall listen to him with interest.

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I do not think that matter has been entirely settled, by any means. The hon. and learned Member for Edinburgh South West (Joanna Cherry) earlier referred to a lunch she was at, where it appears that she was told we were going to be subject to the European Court of Justice, and my right hon. and learned Friend has made exactly the same point. I have to say that there are serious questions...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I am afraid not, as I really must proceed. None of these judge-made principles had any basis in the EU treaties, and the principle of the primacy of EU law is a judicial creation recently codified, and no more than that. However, because we have accepted judgments of the European Court under section 3 of the European Communities Act 1972, which we are going to repeal, we are saddled with...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I shall conclude my remarks on this point. The European Court is seriously deficient in a whole range of matters. On the question put by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), the idea has been put forward by Martin Howe QC, and I have put it forward myself in the House, of a system of jurisdiction that would be more in the nature of an arbitration, where there...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: I want to start by simply outlining that, contrary to what the hon. Member for North East Fife (Stephen Gethins) has just suggested about there being weak arguments for why we should leave the EU and repeal the European Communities Act 1972, it is absolutely essential that we do so if we are going to have a self-respecting, self-governing democratic country. The Bill and this whole issue are...

European Union (Withdrawal) Bill: Date of exit from the European Union (14 Nov 2017)

Bill Cash: Put simply, on the European Union Referendum Act 2015, which was a sovereign Act of this House—the point that the hon. Gentleman has just made—the House of Commons agreed, by six to one, that it would deliberately transfer to the people the decision whether to leave or remain in the European Union. Unless that Act is repealed, I do not believe that that decision should be returned...


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