The ever vigilant Bill Cash MP raised the issue of Mr Justice Mostyn’s remarks in the Commons this evening, as captured in the headline to this item. I supported him and added to his Point of Order.
In a case where the UK government won, the Judge said that a Luxembourg court judgement had overturned the Protocol to the Lisbon Treaty designed to mean European Charter Rights are not enforceable in the UK unless they are put into UK Statute law by Parliament. The Judge argued that the Charter is now fully operational in the UK, whatever the will of Parliament and Statute law says.
We are pressing for government and Parliament to make clear we do not accept this challenge to UK Parliamentary and court authority. The Lisbon Treaty was sold to Parliament with this crucial protection which is now being undermined. As one who voted against Lisbon, we pressed at the time for the government to be even clearer in defending Parliament’s supremacy to define our human rights, and UK courts supremacy to settle these cases under Statute law. They assured us they had done so with the Protocol.