The tenth meeting of the Informal Brexit Liaison Group, set up by the House of Lords Liaison Committee in November 2016, was held on Tuesday 19 December 2017.
The Group held a discussion with Lord Neuberger of Abbotsbury, former President of the Supreme Court.
Topics discussed included the joint document between the UK Government and the EU, which includes citizens' rights, and the likely continued role for the Court of Justice of the European Union (CJEU) with discretionary references from the UK courts; the ability of the UK Supreme Court to cope with the likely increase in workload if cases previously referred to the (CJEU) came before it for determination of points of law; the provisions of Clause 6 of the EU (Withdrawal) Bill, particularly as they relate to judicial interpretation of retained EU law; concerns about judges being drawn into the political arena and a possible obligation on UK judges to 'have due regard to' pre-Brexit CJEU case law; and ways in which Clause 6 of the EU (Withdrawal) Bill might be amended.
As usual, the Committee Chairmen present updated the Group on recent and planned Brexit-related scrutiny. Following the last meeting the Chairman had received a letter from Lord Callanan confirming that he expected the total number of Brexit-related statutory instruments to be between 800-1,000. He had also received a letter from the Rt Hon David Davis MP, Secretary of State for Exiting the European Union, welcoming the creation of the lnterparliamentary Forum on Brexit and the opportunity it had created for the Government to supplement the existing channels of engagement. These included not only the select committees in Westminster, but also those in the devolved legislatures.
The Group is expected to meet next on 29 January 2018.
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