Bernard Jenkin fires warning over European Court of Justice
Mr Jenkin asked for assurances from the Chancellor of the Duchy of Lancaster the House of Commons can put a block in front of the ECJ while the withdrawal agreement remains in force. Mr Gove stated that it is a sovereign right of Parliament to legislate on its own terms.
Mr Jenkin said: “Can I just point out that whatever was agreed in the Joint Committee yesterday remains subject to the jurisdiction of the European Court of Justice under the disputes procedure.
“Whatever was agreed yesterday was only agreed because we had the clauses of the UKIM bill which were threatening to block the jurisdiction of the European Court of Justice.
“Will the Chancellor agree with me that it is very important that we maintain the position that this house can at any time put blocks in front of the European Court of Justice while this withdrawal agreement remains in force?”
Mr Gove replied: “My right honourable friend is right, this house is sovereign and it is as a result of bringing forward the UK Internal Market Bill.
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“I understand some of the controversies it generates but he is absolutely right that following on from that we were able to make progress.
“We are now no longer in a position where we need to bring forward those clauses.
“Of course, it is the sovereign right of this Parliament to legislate as it thinks so.”
Mr Gove was also warned not to surrender the UK’s “unfettered sovereignty” as it is protected by a legal framework by Sir Bill Cash.
Bill Cash fires warning over ‘unfettered sovereignty’ of UK
The Conservative MP quizzed Michael Gove on whether there is anything that could undermine the UK’s unfettered sovereignty as trade talks with the EU reach the final phase.
The Chancellor of the Duchy of Lancaster stated that there is nothing that will diverge from the sovereignty outlined in section 38 of the act that gave effect to the withdrawal agreement.
Sir Bill said: “Does the Chancellor agree and is there anything in his statement that would be allowed to undermine the unfettered sovereignty of the United Kingdom?
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“This is asserted by successive democratic votes as well as successive acts of Parliament, section 30 and 38 of the 2020 Act.”
Mr Gove replied: “My right honourable friend is absolutely right.
“Section 38 of the act which gave effect of the withdrawal agreement upholds the sovereignty of this place.
“There is nothing in what we have concluded that diverges from that.”
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