I agree entirely. I have no doubt that if the Minister wishes to provide an argument to show why my right hon. Friend is wrong, he will do so, but I have not heard such an argument yet.
The article that the hon. Member for Wolverhampton, South-West (Rob Marris) identified refers to the obligations of member states. He will appreciate from the way in which I have presented my argument that I am specifically interested in the obligations that appear to be imposed on Parliaments. Although member states and their Parliaments might be closely connected, they are nevertheless not one and the same thing. This House conducts its business not merely as a creature of the Executive, even though some of us would argue that we remain far too much under the Executive's tutelage and would like to remove ourselves further from it. However, the way in which the House works ultimately concerns our privileges as parliamentarians. Providing an adequate mechanism to reassure the public and hon. Members strikes me as rather a sensible idea, which is why I commend amendment No. 13 to the Committee.
Let me touch on the new clauses that are grouped with amendment No. 13. New clause 5, which my right hon. Friend the Member for Wells (Mr. Heathcoat-Amory) tabled, would allow the relevant Secretary of State to present to Parliament"““his opinion on whether a draft European Union legislative act forwarded to national parliaments under the Protocol…complies with the principles of conferral, subsidiarity and proportionality””"
and to produce supporting evidence. Given the difficulties that we have been having with European Union directives, the proposal strikes me as immensely sensible. I shall wait to hear how my right hon. Friend develops his argument, but I hope that the Minister will be able to give the measure a positive response.
My hon. Friend the Member for Stone (Mr. Cash) tabled new clauses 8 and 9. New clause 8 has a direct link to amendment No. 13 and relates to article IX of the Bill of Rights 1689. I am always a little hesitant about getting bogged down in the Bill of Rights because I am conscious that some of its provisions are, to describe them politely, rather old-fashioned. For example, I am not sure that the right for Protestants to bear arms suitable to their conditions has a great deal of relevance in the present day. However, it is absolutely right that article IX has been, and continues to be, of relevance to the independence of the House, because it provides:"““That the Freedome of Speech and Debates or Proceedings in Parlyament ought not to be impeached or questioned in any Court or Place out of Parlyament.””"
This is a live issue. The measure has been quoted in litigation in the past decade. In fact, it is the bedrock on which parliamentary independence rests. My hon. Friend has thus made an important contribution to the debate by tabling the new clause.
European Union (Amendment) Bill
Proceeding contribution from
Dominic Grieve
(Conservative)
in the House of Commons on Wednesday, 27 February 2008.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on European Union (Amendment) Bill.
Type
Proceeding contribution
Reference
472 c1172-3 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
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2023-12-16 00:59:18 +0000
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