Results 121–140 of 2022 for speaker:Mr Eric Deakins

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: I hope that the hon. Member is right. I am raising the issue because I am worried about it, but if I am wrong and the hon. Gentleman is right, I am sure that the Minister will take legal advice and put me right.

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: I am not in charge of the Bill and I cannot answer the question posed by the hon. Member for Northampton, North (Mr. Marlow). The Minister must take note of these points.

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: It is not just a matter for the Council of Ministers, and that is another of my objections to the provision in the Single European Act and therefore to clause 2 of the Bill. In future, unlike the present position under article 188 of the treaty of Rome, the Commission will have the right to be consulted and to put its oar in. So will the so-called European Parliament, but not this Parliament....

Orders of the Day — European Communities (Amendment) Bill: Extended Meaning of "the Treaties" and "the Community Treaties" (16 Jun 1986)

Mr Eric Deakins: I cannot answer the hon. Gentleman's point because I am not in charge of the Bill. The Minister may be able to help, if she has more information than she was able to provide the Select Committee on Foreign Affairs on 7 May. We shall know a little later. Is this subsidiary court necessary? I do not mean "necessary" in terms of work, because we still do not know what work it will do or what...

Orders of the Day — European Communities (Amendment) Bill: Extended Meaning of "the Treaties" and "the Community Treaties" (16 Jun 1986)

Mr Eric Deakins: I bow to the hon. Gentleman's superior legal advice. I am certainly not a lawyer, as he is.

Orders of the Day — European Communities (Amendment) Bill: Extended Meaning of "the Treaties" and "the Community Treaties" (16 Jun 1986)

Mr Eric Deakins: I accept what were probably strictures from the hon. Gentleman. I accept his example that the English legal system is very different, as we all know, from the continental system — although I think that the Scottish law has some similarities. However, I do not think that that is necessarily what the Government have in mind or what might happen.

Orders of the Day — European Communities (Amendment) Bill: Extended Meaning of "the Treaties" and "the Community Treaties" (16 Jun 1986)

Mr Eric Deakins: No, we do not know. There are analogies in the English legal system. As I understand it — there are are plenty of lawyers in the House who will immediately correct me if I am wrong — normally a superior court will not query the findings of a lower court on matters of fact. We have a system of magistrates courts, for example, and we also have Crown courts and courts of criminal appeal and...

Orders of the Day — European Communities (Amendment) Bill: Extended Meaning of "the Treaties" and "the Community Treaties" (16 Jun 1986)

Mr Eric Deakins: The hon. Gentleman has raised another important point. I accept that the Minister will do her best to answer, but I would have thought that on issues of that sort we might need some strong legal advice, perhaps from the Law Officers. The relationship between the European Court of Justice and the subsidiary court, if it is set up, is not clear. If the hon. Gentleman is right and the subsidiary...

Orders of the Day — European Communities (Amendment) Bill: Extended Meaning of "the Treaties" and "the Community Treaties" (16 Jun 1986)

Mr Eric Deakins: I leave that to the Chair and the Minister. The hon. Gentleman has raised another important point. The Single European Act makes it clear that there is a right of appeal on a point of law—

Orders of the Day — European Communities (Amendment) Bill: Extended Meaning of "the Treaties" and "the Community Treaties" (16 Jun 1986)

Mr Eric Deakins: Indeed. That is in line with the English hierarchical system of courts. One can appeal against sentence, but there is mainly an appeal on a point of law rather than on points of fact—

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: That is apparently not a point of order; I shall now continue my speech. I was following up a point made by the hon. Member for Southend, East (Mr. Taylor) about the hierarchy of the courts. At present there is a single European Court of Justice whose judges can divide themselves into chambers, which I would regard as lesser courts within the scope of the European Court of Justice. Under the...

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: I do not deny the hon. Gentleman's point. However, the prospect of that happening scares the living daylights out of me. I am not considering bureaucracy; rather I am thinking about the web which will entangle us more and more and which will affect citizens within the context of an integrated western Europe. I do not want to go into that subject now, as we will debate that later.

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: I want to make it clear that I want to reduce the number of cases and the scope of the European Court and limit it until we have changed the relationship between this country and the rest of the Community. I accept that, while the European Court exists and if article 2 is enacted, there will be scope for the European Court, in association with the Council acting unanimously, to extend the...

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: The hon. Gentleman shakes his head, so I assume—perhaps the Minister will confirm this—that individuals can go to the European Court. Will individual people — "natural persons" under the legislation — be able to go to the subsidiary court, and will a network develop of lawyers skilled in the processes of European law to advise people whether to take their cases to the subsidiary court...

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: My hon. Friend asks an important question to which, I confess, I do not know the answer, not merely because I am not a lawyer but because I am not skilled in the intricacies of this Single European Act. I hope that the Minister will take these questions on board.

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: My hon. Friend makes his own point and will no doubt wish to make his own speech. I wish people to have whatever rights are available that they need, but if individuals can go to the subsidiary courts as well as to the European Court, matters will be further complicated. To make a party political point, the next Labour Government are pledged to certain matters of economic policy which would...

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: The hon. Gentleman says that we cannot do that. Within reason, the British Government can do whatever they like. Whether they are breaking international obligations is another matter. Let us assume that there is a limit on the import of German motor cars. At present, an importer can go to the European Court for a declaration that the action of the British Government in imposing import...

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: The hon. Gentleman's analysis is right, but I doubt whether what he suggests will happen in practice. I do not wish to stray from the narrow remit of the amendment, but some of my right hon. and hon. Friends may prefer to take their chance on that and remain within the EC. We shall return to this matter later.

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: I certainly shall not, Mr. Armstrong. However, I accept the hon. Gentleman's point that the European Court is extremely powerful and that having a subsidiary court will make it even more powerful, for a reason which has not yet been advanced in the debate.

Orders of the Day — European Communities (Amendment) Bill (16 Jun 1986)

Mr Eric Deakins: I shall explain why. I mean that the court is powerful in spreading its tentacles rather than in arrogating to itself, which it cannot do, additional constitutional powers under the statute. The European Court will get rid of all the mundane cases which the Minister tells us are clogging up the works. If the top European Court gets rid of all those mundane cases, will it not have much more...


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