Results 1–20 of 440 for (in the 'Commons debates' OR in the 'Westminster Hall debates' OR in the 'Lords debates' OR in the 'Northern Ireland Assembly debates') speaker:Geoffrey Cox

European Union (Withdrawal) Bill: Implementing the withdrawal agreement (13 Dec 2017)

Geoffrey Cox: You told us it would take a long time.

European Union (Withdrawal) Bill: Regulations to deal with deficiencies arising from withdrawal - Independent Report (12 Dec 2017)

Geoffrey Cox: I wonder whether my hon. Friend might be attracted by this idea. At the moment, as drafted, the clause gives an inclusive, non-exhaustive list of examples, but I wonder whether the principle of ejusdem generis might not assist us if it were slightly redrafted. One could draft it so that any extensions beyond the inclusive list had to be of the same kind or species as those that were listed....

European Union (Withdrawal) Bill: Regulations to deal with deficiencies arising from withdrawal - Independent Report (12 Dec 2017)

Geoffrey Cox: As ever, I am considering what my right hon. and learned Friend is saying with enormous care. Much of it has enormous force and makes a great deal of sense. However, if his objective in amendment 2, which inserts proportionality and reasonable tests, is to avoid resort to the courts, I should point out that the insertion of a clause of that kind is more likely to encourage resort to the...

European Union (Withdrawal) Bill: Withdrawal Agreement Payment to the European Union (6 Dec 2017)

Geoffrey Cox: Has the hon. Gentleman considered whether his new clause would achieve that, because it is phrased so that a draft of the instrument authorising a payment must be approved, but that would not require a specific sum? It could simply be a framework regulation allowing for such a payment to be made. Surely his new clause is not to the point.

European Union (Withdrawal) Bill: Welsh Ministers — Power to make consequential and transitional provision (6 Dec 2017)

Geoffrey Cox: My right hon. Friend might well reflect on the fact that section 75 of the Northern Ireland Act 1998 creates quite a complex but rather delicate mechanism for the enforcement of many of the Belfast agreement principles. It relies not on a court, but on the Equality Commission, and the Secretary of State is at the apex, the decision maker, and decides whether or not a public authority is...

European Union (Withdrawal) Bill: Welsh Ministers — Power to make consequential and transitional provision (6 Dec 2017)

Geoffrey Cox: The hon. Gentleman is making a logical and thoughtful case. Does he not agree that all the substantive protections that were intended after 1998 to protect the Belfast agreement in Northern Ireland’s domestic law were introduced either in the Northern Ireland Act, or in specific statutes that still apply or will apply in retained law as a consequence of this legislation, and that all...

European Union (Withdrawal) Bill: Charter of Fundamental Rights – Government Report (21 Nov 2017)

Geoffrey Cox: Is not the answer to my right hon. and learned Friend the Member for Rushcliffe’s question that the rights might not be replicated in our existing law but the protections will be? The fact that a general statement of a right is not replicated verbatim in our law does not mean that those rights are not otherwise protected adequately and fully by our laws.

European Union (Withdrawal) Bill: Charter of Fundamental Rights – Government Report (21 Nov 2017)

Geoffrey Cox: It does make sense, because all that does is restore us to a position pre-2009 in the European Union. The general principles will still apply. There is no inconsistency by allowing the general principles—subject to amendments, which I am not speaking on; I have some sympathy with the amendments tabled by my right hon. and learned Friend the Member for Beaconsfield —but I am...

European Union (Withdrawal) Bill: Charter of Fundamental Rights – Government Report (21 Nov 2017)

Geoffrey Cox: Broadly speaking, there have been two means of protecting human rights in international law. The first, which is generally followed by civil and continental law systems, has been to adopt charters of general rights with very broad statements of those rights and then to turn over to the courts the interpretation, in specific circumstances, of how those rights should be applied. The second,...

European Union (Withdrawal) Bill: Charter of Fundamental Rights – Government Report (21 Nov 2017)

Geoffrey Cox: No such charter existed with binding legal force before 2009, even in the European Union, but let us look at the circumstances. I contend that there are two ways of proceeding, of which the first is to have a broad and general statement of human rights—indeed, extended human rights under the charter—and to allow the courts simply to interpret them in given circumstances. Some...

European Union (Withdrawal) Bill: Charter of Fundamental Rights – Government Report (21 Nov 2017)

Geoffrey Cox: No, I am not going to give way again. This will become a debate between lawyers, and that is not the point.

European Union (Withdrawal) Bill: Charter of Fundamental Rights – Government Report (21 Nov 2017)

Geoffrey Cox: The point is that these broad and general rights are ripe with value judgments. Quite often, they are not appropriately dealt with by six or seven elderly white judges in a Supreme Court; they are better resolved on the Floor of this House and by a democratic vote in this Parliament.

European Union (Withdrawal) Bill: Charter of Fundamental Rights – Government Report (21 Nov 2017)

Geoffrey Cox: If my hon. Friend will forgive me for a moment, I need to develop an argument, because I want to move on. Let us accept for the moment that there is a second and perfectly legitimate way, which international law accepts. International law does not require subscribing nations of the United Nations to adopt a Bill of Rights, and neither does the European Court of Human Rights—it never...

European Union (Withdrawal) Bill: Charter of Fundamental Rights – Government Report (21 Nov 2017)

Geoffrey Cox: I will give way to the hon. Lady, but not now. Some say that there will be a collision. I am not sure that I buy the argument that there will be too much of a conflict or collision between the charter and convention. Quite frankly, my experience in the courts is that when both are relied on, the judge usually ignores the charter. As I said to the hon. and learned Member for Edinburgh South...

European Union (Withdrawal) Bill: Charter of Fundamental Rights – Government Report (21 Nov 2017)

Geoffrey Cox: What exactly would the new clause add to the rights that already exist under article 14 of the European convention on human rights?

European Union (Withdrawal) Bill: Charter of Fundamental Rights – Government Report (21 Nov 2017)

Geoffrey Cox: The number of cases in which the charter is cited— 248 in England and Wales—does not mean that it has had the slightest practical effect on the outcome of judgments, as the hon. and learned Lady knows quite well.


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