BORIS Johnson plans to give British judges the power to overturn EU court rulings in his landmark Brexit bill.
The PM has vowed to ensure Britain “take back control of our laws” with lower courts given the power to ditch European Courts of Justice rulings.
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TAKING BACK CONTROL
Mr Johnson’s move is set to divide the cabinet when MPs vote on the bill on Friday, The Times reports.
Under previous arrangements Theresa May’s administration said the UK would transfer all existing European Union case law into British law after Brexit.
This meant only the Supreme Court in England and the High Court of Justiciary in Scotland could depart from EU case law.
To allow courts other than the Supreme Court to depart from the decisions of the Court of Justice of the EU in relation to transposed EU law would cause very considerable legal uncertainty.
Lord Pannick QC
But under Mr Johnson’s legislation British courts will be able make decisions on EU case law on issues including holiday entitlement, sick leave, maximum working hours, VAT and flight compensation.
But the plan is not universally backed by ministers and it is expected to face opposition from the Lords.
Lord Pannick QC, who represented Remainer lawyer Gina Miller in Supreme Court case to block Brexit, told The Times: “To allow courts other than the Supreme Court to depart from the decisions of the Court of Justice of the EU in relation to transposed EU law would cause very considerable legal uncertainty.”
LANDMARK BILL
Mr Johnson’s bill has also been reworked to “legally prohibit” any extension of the Brexit transition period which then follows beyond the end of 2020.
The option of an extension was originally included to allow talks to continue on a new free trade agreement if – as many expect – they have not been concluded by the end of the year.
But Michel Barnier, the EU’s Brexit chief, has warned the PM that his plan is unlikely to work out.
He told a private meeting: “It is unrealistic that a global negotiation can be done in 11 months, so we can’t do it all.
“We will do all we can to get what I call the ‘vital minimum’ to establish a relationship with the UK if that is the time scale.”
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