European Union (Withdrawal) Bill — Schedule 1 — Retention of General Principles of EU Law — 13 Jun 2018 at 19:43
The majority of MPs voted not to make incompatibility with the general principles of European Union law actionable in United Kingdom courts following the United Kingdom's withdrawal from the union.
MPs were considering the European Union (Withdrawal) Bill.
The motion supported by the majority of MPs in this vote was:
- That this House disagrees with Lords amendment 53
Lords amendment 53 stated:
- Page 16, line 21, leave out paragraph 3
This rejected amendment would have impacted Schedule 1 of the Bill, paragraph 3 of which stated:
- (1) There is no right of action in domestic law on or after exit day based on a failure to comply with any of the general principles of EU law.
- (2) No court or tribunal or other public authority may, on or after exit day—
- (a) disapply or quash any enactment or other rule of law, or
- (b)quash any conduct or otherwise decide that it is unlawful, because it is incompatible with any of the general principles of EU law.
The explanatory notes to the Lords amendments to the Bill stated, in respect of the rejected amendment:
- Lords Amendment 53 would remove from Schedule 1 the general exclusion of rights of action in domestic law based on a failure to comply with the general principles of EU law. Claimants would therefore continue to be able to bring legal action on the basis of incompatibility with the general principles. Courts, tribunals or other public authorities would retain the remedy to disapply or quash legislation and executive actions that is found to be incompatible with the general principles, including UK legislation which is in the scope of EU law that was passed after exit day.
-  Parliament's webpage on the European Union (Withdrawal) Bill
-  Page of amendment sheet containing Lords amendment 53. Parliament.uk website, 16 May 2018
-  Schedule 1 of the European Union (Withdrawal) Bill, version as referred to by the Lords amendments. 18 January 2018
-  Explanatory notes to the Lords amendments to the Bill
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.
What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.
What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (Aye)||Minority (No)||Both||Turnout|
|Con||310 (+2 tell)||1||0||98.7%|
|Lab||0||246 (+2 tell)||0||95.4%|
|Kenneth Clarke||Rushcliffe||Con (front bench)||no|