Indeed. The red lines have already leaked like a sieve. I am reminded of the story of the hunting of the Snark; in the pursuit of an abstract and completely unknowable objective the colander leaked like a sieve and sank. That is exactly what will happen in this case.
I am concerned about the overlap between the European convention on human rights and the charter of fundamental rights as set out in article 6, which is the subject of the amendment. I referred to the article earlier in an intervention on a Minister. For all the weasel words and questions about opt-out—whether we really face legislation that we could avoid by some mechanism, trickery or cunning—and all the legal verbiage that we shall have to deal with in due course, we are discussing amendments about whether the provisions before us should apply. I am open to challenge, but I merely repeat the words in article 6(3):"““Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedom and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law.””"
That means that the European Court of Justice will apply the general principles of the Union's law. I have heard many arguments suggesting that that will not be the case, and that the European Court of Human Rights will be able to retain its independent status and continue to operate as if the provision had not been passed, but I think that that is pure Walter Mitty.
European Union (Amendment) Bill
Proceeding contribution from
William Cash
(Conservative)
in the House of Commons on Tuesday, 5 February 2008.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on European Union (Amendment) Bill.
Type
Proceeding contribution
Reference
471 c882 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
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2023-12-16 00:30:23 +0000
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