My Lords, I welcome the statement made by my noble friend the Lord President and the care and consideration she has given to our amendment. The noble Baroness came to the Constitution Committee—indeed, she invited herself—to explain Her Majesty's Government’s attitude to our amendment and the difficulties it posed. I...

My Lords, I welcome the statement made by my noble friend the Lord President and the care and consideration she has given to our amendment. The noble Baroness came to the Constitution Committee—indeed, she invited herself—to explain Her Majesty's Government’s attitude to our amendment and the difficulties it posed. I...

My Lords, I was not present when the noble Lord, Lord Owen, spoke but I am familiar with the jurisprudence of the German Constitutional Court, which found a way through in the Solange cases when it effectively said that it could comply with the rulings of the European Court of...

My Lords, I was not present when the noble Lord, Lord Owen, spoke but I am familiar with the jurisprudence of the German Constitutional Court, which found a way through in the Solange cases when it effectively said that it could comply with the rulings of the European Court of...

My Lords, I speak to Amendment No. 28, which is not germane to what the noble Lord, Lord Neill of Bladen, has been saying; nevertheless, I must deal with it in this way. I can deal with it telegraphically, largely from a quotation from the Constitution Committee report of 28...

My Lords, I speak to Amendment No. 28, which is not germane to what the noble Lord, Lord Neill of Bladen, has been saying; nevertheless, I must deal with it in this way. I can deal with it telegraphically, largely from a quotation from the Constitution Committee report of 28...

My Lords, the noble Baroness referred to the wisdom of the centuries on the British constitution, but in earlier centuries we did not have ease of travel between Britain and the Continent. Much of what has happened in justice and home affairs has been a response to the ease of...

My Lords, the noble Baroness referred to the wisdom of the centuries on the British constitution, but in earlier centuries we did not have ease of travel between Britain and the Continent. Much of what has happened in justice and home affairs has been a response to the ease of...

My Lords, I am in your Lordships’ hands because I have already spoken, but I felt that the time may have come for me to respond briefly to the points raised by noble Lords. I see the noble Lord, Lord Hunt of Wirral, nodding. I apologise to my noble friend...

My Lords, I am in your Lordships’ hands because I have already spoken, but I felt that the time may have come for me to respond briefly to the points raised by noble Lords. I see the noble Lord, Lord Hunt of Wirral, nodding. I apologise to my noble friend...

My Lords, the noble Lord keeps saying that the proposal that the Government have put to us means that these questions of opt-in will be subject to the approval of Parliament. However, as the noble Viscount, Lord Bledisloe, made clear in his intervention, these, however important, will effectively be at...

My Lords, the noble Lord keeps saying that the proposal that the Government have put to us means that these questions of opt-in will be subject to the approval of Parliament. However, as the noble Viscount, Lord Bledisloe, made clear in his intervention, these, however important, will effectively be at...

My Lords, I do not read the statement made by the Leader of the House in that sense at all. It is clear that the forthcoming Motions would be amendable and could be considered by this House, following consideration by the Select Committee. As I said, that seems to me...

My Lords, I do not read the statement made by the Leader of the House in that sense at all. It is clear that the forthcoming Motions would be amendable and could be considered by this House, following consideration by the Select Committee. As I said, that seems to me...

My Lords, the point the noble Lord, Lord Tebbit, makes is in no way particular to this debate. It is about the power in Europe—a much broader issue. It is the fact that the member states, which have the power ultimately to set the terms of the relations between member...

My Lords, the point the noble Lord, Lord Tebbit, makes is in no way particular to this debate. It is about the power in Europe—a much broader issue. It is the fact that the member states, which have the power ultimately to set the terms of the relations between member...

My Lords, the noble and learned Lord said that no national court can overrule the European Court of Justice. Will he comment on the arguments on the German Constitutional Court which was referred to by the noble Lord, Lord Owen, when this was debated in Committee?

My Lords, the noble and learned Lord said that no national court can overrule the European Court of Justice. Will he comment on the arguments on the German Constitutional Court which was referred to by the noble Lord, Lord Owen, when this was debated in Committee?

My Lords, it is clear to all of us that if the Judicial Committee of this House or, in future, the Supreme Court gives a decision that Parliament feels is wrong and outside its powers, Parliament can put it right. Who has the power to overrule the Supreme Court in...

My Lords, it is clear to all of us that if the Judicial Committee of this House or, in future, the Supreme Court gives a decision that Parliament feels is wrong and outside its powers, Parliament can put it right. Who has the power to overrule the Supreme Court in...

My Lords—

My Lords—

My Lords, the noble and learned Lord was not here, but I expressly referred to the passage in his lecture where he said, ““However, going into the treaty negotiations, it was clear that some within the United Kingdom still needed reassurance about the possible effects””, and so on. I did...

My Lords, the noble and learned Lord was not here, but I expressly referred to the passage in his lecture where he said, ““However, going into the treaty negotiations, it was clear that some within the United Kingdom still needed reassurance about the possible effects””, and so on. I did...

Yes, my Lords, it is. It is one of the horizontal articles. Noble Lords will forgive me that I do not have the text in front of me; the numbers change from time to time. It says that the purpose is to apply to the institutions and only to the...

Yes, my Lords, it is. It is one of the horizontal articles. Noble Lords will forgive me that I do not have the text in front of me; the numbers change from time to time. It says that the purpose is to apply to the institutions and only to the...

My Lords, is what the noble and learned Lord has just said twice put in writing anywhere—that these charter ideas apply only to institutions? Is it anywhere in writing?

My Lords, is what the noble and learned Lord has just said twice put in writing anywhere—that these charter ideas apply only to institutions? Is it anywhere in writing?

My Lords, I start with an apology to your Lordships that I was not present at the beginning of the debate and that, up to now, I have not taken any part, although I have followed the debates closely. I am afraid that my new responsibilities have kept me away...

My Lords, I start with an apology to your Lordships that I was not present at the beginning of the debate and that, up to now, I have not taken any part, although I have followed the debates closely. I am afraid that my new responsibilities have kept me away...

My Lords, I support both amendments but I hope that the Official Opposition will not push their Amendment No. 28 to the vote but will support a vote on the extremely interesting and important amendment tabled by the noble Lords, Lord Neill of Bladen and Lord Waddington. I notice that...

My Lords, I support both amendments but I hope that the Official Opposition will not push their Amendment No. 28 to the vote but will support a vote on the extremely interesting and important amendment tabled by the noble Lords, Lord Neill of Bladen and Lord Waddington. I notice that...

My Lords, the noble Lord, Lord Neill of Bladen, very helpfully went into a great deal of detail. In support of his amendment, I would like to try and refine the issues. In essence they are quite simple. The Government wish to limit the jurisdiction of the European Court when...

My Lords, the noble Lord, Lord Neill of Bladen, very helpfully went into a great deal of detail. In support of his amendment, I would like to try and refine the issues. In essence they are quite simple. The Government wish to limit the jurisdiction of the European Court when...

My Lords, I shall speak against Amendments Nos. 27 and 28. There are always questions of the interpretation of statutes at all levels from the international, such as the EU, down to local authority powers. However, we cannot legislate here in the expectation that the European Court of Justice may...

My Lords, I shall speak against Amendments Nos. 27 and 28. There are always questions of the interpretation of statutes at all levels from the international, such as the EU, down to local authority powers. However, we cannot legislate here in the expectation that the European Court of Justice may...

My Lords, before the noble Lord turns to Amendment No. 28, would he not admit that the British Government have been very surprised on several occasions over what they regarded as the judicial activism of the Luxembourg court? I give him, for instance, the occasion when the British Government thought...

My Lords, before the noble Lord turns to Amendment No. 28, would he not admit that the British Government have been very surprised on several occasions over what they regarded as the judicial activism of the Luxembourg court? I give him, for instance, the occasion when the British Government thought...

My Lords, I am aware of the case in which the ECJ, somewhat to the surprise of the British Government, applied health and safety rules in order to impose legislation on this country. That is certainly true. However, I am in no way saying that that decision was in any...

My Lords, I am aware of the case in which the ECJ, somewhat to the surprise of the British Government, applied health and safety rules in order to impose legislation on this country. That is certainly true. However, I am in no way saying that that decision was in any...