Formal Minutes
Monday 6 December 2010
Members present:
Mr William Cash, in the Chair
| Mr James Clappison
Jim Dobbin
Chris Heaton-Harris
Kelvin Hopkins
Chris Kelly
| | Penny Mordaunt
Stephen Phillips
Jacob Rees-Mogg
Henry Smith
|
Draft Report (The EU Bill and Parliamentary sovereignty),
proposed by the Chair, brought up and read.
Ordered, That the draft
Report be read a second time, paragraph by paragraph.
Paragraphs 1 to 16 read and agreed to.
Paragraph 17 read, amended and agreed to.
Paragraphs 18 and 19 read and agreed to.
Paragraph 20 read, amended and agreed to.
Paragraphs 21 to 24 read and agreed to.
Paragraph 25 read, amended and agreed to.
Paragraphs 26 to 34 read and agreed to.
Paragraph 35 read, amended and agreed to.
Paragraphs 36 to 52 read and agreed to.
Paragraph 53 read, amended and agreed to.
Paragraphs 54 to 70 read and agreed to.
Paragraph 71 read as follows:
Despite the Government's assertions in its Explanatory
Notes, the evidence we received clearly suggests that the legislative
supremacy of Parliament is not under threat from EU law.
The nearest the legislative supremacy of Parliament has come to
being threatened by EU law was the argument raised by Eleanor
Sharpston QC on behalf of Sunderland City Council in Thoburn.
That argument was, in summary, that EU law should be seen
as having been entrenched, rather than merely incorporated,
into domestic law, by virtue of a principle of EU law which was
independent of constitutional principles of national law, such
as dualism. It is this argument, the Explanatory Notes tell us,
that clause 18 will help counter.
Amendment proposed, in line 1 to leave out from the
beginning to "under" in line 2 and to insert the words
"The evidence we received suggests that the legislative supremacy
of Parliament is not currently".— (Stephen Phillips.)
Question put, That the Amendment be made.
The Committee divided.
| Ayes, 7 | Noes, 1
|
| Mr James Clappison
Chris Heaton-Harris
Kelvin Hopkins
Penny Mordaunt
Stephen Phillips
Jacob Rees-Mogg
Henry Smith
| Michael Connarty |
Paragraph, as amended, agreed to.
Paragraphs 72 and 73 read and agreed to.
Paragraph 74 read, amended and agreed to.
Paragraphs 75 to 77 read and agreed to.
Paragraph 78 read, amended and agreed to.
Paragraph 79 read, amended and agreed to.
Paragraphs 80 to 85 read and agreed to.
Paragraph 86 read, amended and agreed to.
Paragraphs 87 to 90 read and agreed to.
A Paper was appended to the Report as an Appendix.
Resolved, That the Report
be the Tenth Report of the Committee to the House.
Ordered, That the Chair
make the Report to the House.
Ordered, That embargoed
copies of the Report be made available, in accordance with the
provisions of Standing Order No. 134.
Written evidence was ordered to be reported to the
House for printing with the Report.
Written evidence was ordered to be reported to the
House for placing in the Library and Parliamentary Archives.
[Adjourned till Wednesday 8 December at 2.00 pm
| 
