European Union Bill — Mechanism of EU Law Taking Effect in the UK — 15 Jun 2011 at 16:47

The majority of Lords voted to state EU law takes effect in the UK via the European Communities Act 1972; rather than stating it does so via "an Act of Parliament".

The House of Lords was considering the European Union Bill^[1]. The amendment which was accepted by the majority of Lords in this vote was:

Amendment 33: Clause 18, leave out Clause 18 and insert the following new Clause-

• "Status of EU law dependent on continuing statutory basis
• By virtue of the European Communities Act 1972 directly applicable or directly effective EU law (that is, the rights, powers, liabilities, obligations, restrictions, remedies and procedures referred to in section 2(1) of the European Communities Act 1972) falls to be recognised and available in law in the United Kingdom."

The original clause 18^[2] stated:

• Status of EU law dependent on continuing statutory basis
• It is only by virtue of an Act of Parliament that directly applicable or directly effective EU law (that is, the rights, powers, liabilities, obligations, restrictions, remedies and procedures referred to in section 2(1) of the European Communities Act 1972) falls to be recognised and available in law in the United Kingdom.

During debate, member of the House of Lords, James Mackay (styled Lord Mackay of Clashfern) explained the purpose of the amendment:

• I do not think that the Government intended any sinister meaning, but they have used an extraordinary shorthand in saying "an Act" when apparently they meant a list of Acts. It is much clearer and more effective to alter "an Act" to the Act that we know is responsible; namely, the 1972 Act.

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• [1] Parliament's webpage on the European Union Bill (now an Act)
• [2] Clause 18 of the European Union Bill as at the time of the vote
• [3] James Mackay (Lord Mackay of Clashfern), Conservative, House of Lords, 15 June 2011

Debate in Parliament | Source |