European Affairs

The problem that the hon. Lady is missing is the competition for sovereignty between the primacy of the European Court and the sovereignty of the UK Parliament. Where there is uncertainty, which there certainly is regarding declaration 17, which is annexed to the treaty, the Supreme Court will—not may, but will—take a position regarding which of those two prevails. The way in which the Court is moving makes it more likely to go along with the idea of the primacy of the European Union, and, if necessary, to take the matter to the European Court, which would be definitive in relation to the Costa and Handelsgesellschaft cases and all the others. That is the real problem, and that is why the sovereignty Bill is necessary and has to be comprehensive.