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[1].

The motion supported by the majority of MPs in this vote was:

  • That this House disagrees with Lords amendment 53

Lords amendment 53[2] stated:

  • Page 16, line 21, leave out paragraph 3

This rejected amendment would have impacted Schedule 1 of the Bill[3], 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[4] 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.


Debate in Parliament |

Party Summary

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.

PartyMajority (Aye)Minority (No)BothTurnout
Con309 (+2 tell) 1098.7%
DUP10 00100.0%
Green0 10100.0%
Independent1 4083.3%
Lab0 244 (+2 tell)095.7%
LDem0 10083.3%
PC0 40100.0%
SNP0 33094.3%
Total:320 297096.9%

Rebel Voters - sorted by name

MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

Kenneth ClarkeRushcliffewhilst Con (front bench)no

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