- Posted by: Valerie Vaz MP
- Category: News
On Tuesday 21 November 2017 the third day of the Committee of the Whole House for the European Union (Withdrawal) Bill took place. A Committee of the Whole House takes place in the House of Commons Chamber and is presided over by the chairman of the Ways and Means committee.
Labour stated their support for a Conservative Backbench Amendment to Protect Human Rights after an exit from the EU. This lead to a concession from the Government who will reverse their decision and amend the Bill in Report stage. A Labour amendment on the same issue was defeated by just 10 votes.
We debated the Francovich rights, the right to sue in cases where the state has failed to transpose a directive, or done so late or poorly. This was also defeated.
Amendment proposed: 336, page 15, line 17, leave out paragraphs 2 and 3 and insert—
“2A (1) Any general principle of EU law will remain part of domestic law on or after exit day if—
(a) it was recognised as a general principle of EU law by the European Court in a case decided before exit day (whether or not as an essential part of the decision in the case);
(b) it was recognised as a general principle of EU law in the EU Treaties immediately before exit day;
(c) it was recognised as a general principle of EU law by any direct EU legislation (as defined in section 3(2) of this Act) operative immediately before exit day; or
(d) it was recognised as a general principle of EU law by an EU directive that was in force immediately before exit day.
2B Without prejudice to the generality of paragraph 2A, the principles set out in Article 191 of the Treaty on the Functioning of the European Union shall be considered to be general principles for the purposes of that paragraph.
2C For the purposes of paragraphs 1A and 1B the exit day appointed must be the same day as is appointed for section 5(1) of this Act and must not be before the end of any transitional period agreed under Article 50 of the Treaty on the Functioning of the European Union.”—(Paul Blomfield.)
This amendment would retain the existing principles of EU law within domestic law whether they originate in the case law of the European Court, the EU treaties, direct EU legislation or EU directives. The freeze date would be at the end of any transitional arrangements.
Further Information on the European Union (Withdrawal) Bill can be found here.
“A Bill to repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.”