Brexit: 'It's not clear how Parliament wants judges to interpret EU law', says Dominic Grieve MP

Brexit: 'It's not clear how Parliament wants judges to interpret EU law', says Dominic Grieve MP

The MP for Beaconsfield said Lord Neuberger was right to raise the issue

Tuesday, August 8, 2017

Dominic Grieve MP has backed Lord Neuberger over his demand that the Government must clear up the status of law originating from the European Court of Justice after Brexit.

In an interview with the BBC, the Supreme Court president said ministers had to outline what must be done to incorporate EU law for judges, otherwise they would be required to "do their best" without any proper guidance.

Meanwhile, a spokesman for the Government said the Great Repeal Bill would aim to smooth out this transition.

Grieve, MP for Beaconsfield and former attorney general, said Lord Neuberger was right to raise the issue because the issue remains unclear.

He told Julia Hartley-Brewer: "What’s happened is when we leave the EU, the Government decided existing EU law would be incorporated in our own law.

"The legislation to be laid out in the autumn will lay out guidelines as to how this will operate. It may be we can improve the legislation when it goes through Parliament, but there are problems with taking a great blob of law and incorporating it into our own.

“Lord Neuberger is highlighting [that] it’s far from clear, when you look at the legislation, what you're asking the judges to do.

"That’s why he said ‘don’t blame us when we have to carry out this interpretive role.’ It’s not clear to him what Parliament is asking the judiciary to do."

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