European Union Bill

The short answer is that my hon. Friend the Member for Daventry did not do so because he had dealt with the questions that needed to be dealt with in relation to those amendments. I am concerned with the broader issue of the relationship between the European Court of Justice and the European Court of Human Rights in Strasbourg. That is the principal question in a clause stand part debate, which is why I am dealing with it now. That ought to be of great concern to the House, which is why the ESC has produced a special report and why I have gone into the detail in this debate rather than in a debate on specific amendments. The draft report notes that—and I refer this section particularly to the Minister, because he may not have seen it yet—"““the guidance for Parliamentary scrutiny of EU documents states that 'Departments should ensure that the Committees are kept informed as much as possible about the scope and development of negotiations prior to conclusion of an agreement.' We look forward to being kept so informed. Meanwhile, the document remains under scrutiny.””" This is a very important matter. It is complex and requires some appreciation of the direction of navigation, which is towards an abstract system of law based on abstract principles rather than common law and precedent. It involves an interaction of the ECJ and the ECHR. We fear the possibility of inconsistency and uncertainty as a result, and this is the opportunity to explain those fears. I am grateful to my hon. Friend the Member for Daventry for raising the question specifically and to my hon. Friend the Member for Hertsmere (Mr Clappison) for his amendments. I thought it would be sensible if I took the opportunity to set out the position of the Committee in relation to the exchange of correspondence with the Minister. As a rider, I would just add that we appear to be acquiescing to the move to a system of abstract law, which is not in the interests of the people of this country. The issue is not that we are where we are: it is the impact that where we are is having on our constituents. That move towards acquiescence is causing me ever more concern, because we are being absorbed into a system that is changing the face of our politics, our judiciary and even our parliamentary sovereignty. For all those reasons, it should be taken very seriously. However, judging from the fact that yet again no Labour Back Benchers are in their places, we can form some judgment about the extent to which they care about their constituents in relation to matters that will have an enormous impact on their daily lives.