7Conclusion
163.This Report highlights some of the key issues at this stage in the process. As is evident, we are in the midst of a fast-moving process. We will continue to take oral evidence and raise issues throughout Brexit negotiations.
164.We understand that the Government, in the light of the European guidelines, is faced with challenging issues. However, we believe that it is not in the national interest to accept the European Council’s proposals and the European Commission’s proposals, which are incompatible with the repeal of the European Communities Act 1972, including section 3 of that Act. Furthermore, we believe that Article 50 has fundamentally changed the basis of the EU treaties and we note that the United Kingdom, by Act of Parliament, has by a majority of 499 to 120 voted to give notification as to withdrawal from the European Union under Article 50. In addition, the House of Commons on its third reading of the European Union (Withdrawal) Bill approved the repeal of the European Communities Act 1972 itself. In these circumstances which are incontestable, we take the view that the Government must be more robust and emphatic in refuting the assertions made by the European Council and the European Commission relating to any future role of the European Court of Justice. Whilst we are glad that the Government has made it clear that they do not favour any dispute resolution mechanism which would give exclusive or sole jurisdiction in such matters to the European Court of Justice, we urge the Government in the negotiations to insist that Article 50 has changed the nature of the European Union, that the United Kingdom has lawfully followed provisions of Article 50, and that this is supported by a referendum of the electorate of the United Kingdom pursuant to a sovereign Act of Parliament. The European Council and the European Commission must accept that the United Kingdom in its negotiations will respect and accept these lawful, democratic and constitutional steps.
165.Among many uncertainties is the future shape of parliamentary scrutiny of EU legislation. However, it is clear that such legislation will continue to affect UK and so some form of parliamentary scrutiny will be vital. We look forward to exploring with others what form this should take.
Published: 20 March 2018