European Union Bill — Clause 18 — Status of EU law dependent on continuing statutory basis — 11 Jan 2011 at 22:00

The majority of MPs voted against reaffirming the sovereignty of the United Kingdom Parliament in relation to EU law.

The majority of MPs voted against inserting the amendment tabled by William Cash^[1], which would have inserted the following into Clause 18 of the European Union Bill:

• 'The sovereignty of the United Kingdom Parliament in relation to EU law is hereby reaffirmed'

He also tabled a second amendment, which would have added the words

• 'and not by virtue of a common law principle'

to the end of the Clause. This second amendment was also defeated in the same vote.

Mr Cash was concerned that there was an increasing sense in academic and legal circles that Parliament derived its power from common law (law made by judges, and that follows precedent), rather than being itself Sovereign.

Speaking against the amendments, David Lidingstone, Minister for Europe, said:

• 'The Government think that this amendment is not necessary. It is not necessary to take up additional parliamentary time through the process that the Opposition propose. In the event that there were to be a serious challenge to the authority and sovereignty of Parliament, I would expect that hon. Members, on both sides, would want an immediate statement from the Minister and an urgent debate, instead of waiting 12 months for an annual report, which is the only remedy that the hon. Gentleman proposes.'

A second division took place over the preparing of the annual report that David Lidingstone mentions: more information is available on its division page.

• [1]William Cash MP's amendment
• [2]The debate in full
• [3]European Union Bill with clause 18 in full

Debate in Parliament | Source |