Transcripts (perhaps draft) of the Article 50 ‘Brexit’ Appeal hearings at the Supreme Court

Secondly, the reason I go through this history, is because it throws into stark reality in our submission, our respectful submission, the fallacy in the appellant's proposition that the EU law rights enshrined in the 1972 Act are somehow not domestic statutory rights, or they are a conduit, to use my Lord, Lord Carnwath's point.

It is absolutely essential to the whole function and the purpose of the 1972 Act, and to the operation of the treaties themselves, and to the UK's membership of the EU, that these rights are precisely that, domestic law rights. That is fundamental to being a member of the EU. They have to be put into domestic law and only Parliament can do that.

That is how the position has been understood by the courts in this country over a number of years, and I give two examples, again without asking the court to turn them up but just for your note. The first is Thoburn in core authorities 3, tab 22, it is paragraph 66 of the judgment, electronic page 746; and the second one is McWhirter, which is paragraph 6 of the judgment, which is in core authorities 3, tab 46, electronic 1849.

The position is also clear, we submit, from the European Union Act of 2011, section 18, which my learned friend Lord Pannick took you to yesterday. That is the declaratory provision which says that EU law rights fall to be recognised and available in law only, and I stress the word "only", because of the 1972 Act.

Keyboard shortcuts

j previous speech k next speech