The Charter of Fundamental Rights of the European Union

Part of 2. Questions to the Counsel General – in the Senedd at 2:27 pm on 10 January 2018.

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Photo of Jeremy Miles Jeremy Miles Labour 2:27, 10 January 2018

Well, this attack on judges and attack on their impartiality by virtue of the fact they're unelected fundamentally misses the point of the British constitution, actually. They're there to act impartially and they do so, and in this place we should resist any attempt to undermine that perception by allegations of failure to be impartial because they are unelected.

You mentioned protocol 30: it is not a question of the European Court of Justice applying that in the teeth of opposition from the UK. As I answered in the question earlier, the Supreme Court of the UK itself applied that charter in a case just before Christmas to disapply primary legislation as a consequence of a failure to comply with that, and he is absolutely Pollyannaish in his optimism about the level of protection that will be given to human rights if these provisions are not retained in UK law. The only point of the UK Government in changing those provisions is in fact to weaken them, and I think we should resist that at every single opportunity in this Chamber.