Sir, There is a stream of proposals for constitutional reform, most of which are well overdue. The latest is the Power inquiry (Political briefing, Feb 28).

Peter Riddell is right in calling attention to the number of revolts by MPs as one example of the assertiveness of Parliament. However, he underestimates the power of the Government and the whips in driving through a vast increase in legislation often with little or no debate.

The Legislative and Regulatory Reform Bill, reviewed by David Pannick, QC (Law, Feb 28; see also letters, March 1, etc), is a good new example of truncating the necessary parliamentary procedures for the proper consideration of legislation. He points out that legislation which emanates from the European Communities Act 1972 and the Human Rights Act 1998 confers powers on ministers to secure compliance with European-made law.

However, apart from a passing reference to the European scrutiny process, the Power inquiry does not tackle the root problem. This is that the existing European treaties and European law (let alone the currently suspended European constitution) have a deeply pervasive impact on multiple spheres of our domestic legislation and on our own parliamentary system of government. These include EU regulations, which burden British business but which it is claimed cannot be amended or repealed at Westminster.

Parliament must tackle this issue or become increasingly irrelevant. It must reassert the principle of parliamentary supremacy by reaffirming its right to legislate where necessary inconsistently with the European Communities Act 1972 and the Human Rights Act 1998 and override the Legislative and Regulatory Reform proposals which diminish proper parliamentary scrutiny.

It must, at the same time, require the judiciary to support parliamentary supremacy, for this is based on the power of Parliament and on the decisions of MPs who are democratically elected by the voters in general elections. It is imperative that Kenneth Clarke’s Conservative Democracy Commission endorses this principle as it is clear that neither the Labour Party nor the Liberal Democrats have any intention of doing so.

BILL CASH, MP
Shadow Attorney-General 2001-03
London SW1

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