I trust the courts; clearly, the noble Lord does not. I believe that the courts do know what they are doing, and that we have an extremely experienced and valuable judiciary. That is why, as the noble and learned Lord, Lord Etherton, pointed out, lots of people come here to use the UK courts, particularly in London. The Government do not seem to have given any consideration to the fact that they are undermining the extremely valuable legal services that London sells to the world. They did not give consideration to service industries during Brexit generally, but this one brings in a lot of money for the UK economy and is being totally undermined, not least by this Bill.
Legal certainty was given a particular value by the Court of Appeal, but the Bill overlooks it, as many noble Lords have said, and detracts from the courts’ ability to do their job. In the notes from the noble Lord, Lord Anderson—which, as the noble Viscount, Lord Hailsham, pointed out, I do have—he points out that Amendments 85 and 88 in his name are very moderate. Amendment 85 leaves intact the power of the courts to depart from retained EU case law, and Amendment 88 would retain domestic case law. They even leave intact the three factors the Government wish them to have regard to. The noble Lord says that he is persuaded, having seen Amendments 83, 84 and 87, that those factors—if they are to be kept—really need to be amended, as suggested by the noble Baroness, Lady McIntosh, and the noble and learned Lords, Lord Hope, Lord Judge and Lord Thomas. The factors specified in the clause at present each militate in favour of departing from existing law. It seems to have been concluded that the judges require a powerful shove in the direction of the unknown. That is another seam of this Bill: we are jumping off a cliff edge and into a void.
All this is the antithesis, as has been said several times—the noble Lord, Lord Deben, who was interrupted at one point by the Government Front Bench, said how un-Conservative this Bill is. It requires leaps into voids and unknowns and off cliffs—
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