That may be true. The hon. Gentleman makes a valid point, but it is not necessary for my argument.
It must be said that there is a tendency among Conservative Members to assume that we have an especially virtuous legal system. I am very proud of it and very attached to it, but we must not think that it is superior to all the other systems in the EU. Each country has its own legal system that it has developed over time, according to its own personality. Each legal system has its own coherence and checks and balances. When we start to legislate supranationally and to export elements of one legal system into another, the danger is that we create incoherence and destroy the balance of those other systems. We also risk wrecking the balance and coherence of our own system.
It is perfectly possible that the systems used abroad are in their own way just as good, or just as well adapted to the needs, wishes and personalities of their peoples, as ours is. It is not necessary for any country to destroy the coherence and balance of its legal system, but what is especially odd about the Liberal position is that it is assumed that the primary job of this place is to improve the legislative structures of other countries, and that that is more important than maintaining control and authority over our own legislative system.
I tend to think that a person who goes abroad must accept the system that governs where he or she lives and works. I have been the chairman of a German company, and I accepted that German law applied. I have a holiday home in France, and I accept that French law applies there. When I worked in Spain and Belgium, I assumed that those countries' laws apply there. I have never thought that it was the job of the British Government to set up the laws in other countries, and certainly not if doing so meant giving up the power to determine our own legal structures and laws.
Although common law evolves in this country, a key part of our system is that Parliament can change laws if the courts interpret them in a way that we do not expect. We can do the same if circumstances change and the implications of a law become different from what they were when they were laid down. The sort of changes set out in the treaty, if they are not amended as we propose, mean that we will not be able to change laws in response to circumstances and in reaction to experience. We will hand over to others powers that we and this place traditionally have had, and that is why I call on the House to accept the amendments and to reject the proposals in the treaty and the Bill.
European Union (Amendment) Bill
Proceeding contribution from
Lord Lilley
(Conservative)
in the House of Commons on Tuesday, 29 January 2008.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on European Union (Amendment) Bill.
Type
Proceeding contribution
Reference
471 c269 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
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Timestamp
2023-12-16 01:44:54 +0000
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