My Lords, I draw attention to the suggestion that Clause 20 should not stand part. During these Committee debates, we have addressed a number of extraordinary provisions in the Bill that give exceptional powers to Ministers, but Clause 20 really does take the biscuit, if that is a parliamentary expression. Let me emphasise what it provides. It provides that the role of the Court of Justice in Luxembourg is excluded, which we will all have a view about, but it goes on to say that Ministers can, by regulations, recreate the role of the European Court of Justice. Is it not quite extraordinary that a Minister should be able, by regulations, to confer a power on an external body to sit as the final judicial body determining issues that are relevant for the purposes of English law? Whether you agree with the role of the Court of Justice or disapprove of it, it cannot be constitutional for a Minister of the Crown to have an exceptional power to decide who and what is the final court of appeal for this country.
Northern Ireland Protocol Bill
Proceeding contribution from
Lord Pannick
(Crossbench)
in the House of Lords on Monday, 7 November 2022.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Northern Ireland Protocol Bill.
Type
Proceeding contribution
Reference
825 c491 
Session
2022-23
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2023-01-03 11:05:19 +0000
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