Sir William Cash: there is a serious danger that the European Court of Justice will get itself into every nook and cranny

Following an urgent question from Keir Starmer, David Davis made yesterday a statement on progress of the Brexit negotiations between the UK and the European Union. During the debate Sir William Cash made the following intervention:

The Secretary of State for Exiting the European Union (Mr David Davis): I start by apologising for my voice. Once again, I have acquired the single European cough, but I hope that it will pass.

Negotiations regarding our exit from the European Union are ongoing as we speak. Indeed, we are in the middle of an ongoing round. As such, I have to be a bit more circumspect than usual. We held further talks in Brussels over the past few days and progress has been made, but we have not yet reached a final conclusion. However, I believe that we are now close to concluding the first phase of the negotiations and moving on to talk about our future trade relations. There is much common understanding, and both sides agree that we must move forward together.

Our aims in this negotiation remain as they have always been. In particular, on the issue of Northern Ireland and Ireland, we have been clear that we want to protect all elements of the Good Friday/Belfast agreement to maintain the common travel area and to protect associated rights. We want to ensure that there is no hard border between Ireland and Northern Ireland. We recognise that, as we exit, we must respect the integrity of the EU single market and the customs union, but we are equally clear that we must respect the integrity of the United Kingdom.

There remain some final issues to resolve that require further negotiation and consultation over the coming days. Our officials are in continuous contact, and we expect to reconvene in Brussels later this week for further negotiations. I or the Prime Minister will formally update Parliament once this round of negotiations concludes, as I have done for every round so far. As was made clear by the comments from President Juncker and President Tusk yesterday, all parties remain confident of reaching a positive conclusion in the course of the week.

(...)

Sir William Cash (Stone) (Con): Does my right hon. Friend appreciate that, whether it is in relation to regulatory alignment in Northern Ireland, or in relation to citizens’ rights in respect of these negotiations, there is a serious danger that the European Court of Justice will get itself into every nook and cranny? There is no way in which it can be contained under article 344 of the treaty or, for that matter, in relation to the interpretation of all the matters I have just referred to.

Mr Davis: My hon. Friend, who has a long history of wisdom in this subject—[Interruption.] Wisdom—he saw it before most Opposition Members did. He has a long history with this subject, and he explains better than I could why we said that no divergence is a bad option.

 

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