The Labour government has come under fire for allegedly “quietly shelving” a law designed to end the supremacy of European Union law in British courts, sparking accusations of a Brexit betrayal. The Conservatives have accused Sir Keir Starmer of seeking to “unpick Brexit by the back door” as part of his efforts to forge a closer relationship with Brussels.
Last year, the Conservative government passed legislation aimed at freeing British courts from having to follow legacy EU rules that were in place before Brexit. The law was set to come into force on October 1, 2023, but just weeks before the deadline, Labour amended the legislation to remove the planned start date. This move has delayed the implementation of the reforms indefinitely.
The Tories have criticized the decision, arguing that it undermines the Brexit referendum result and signals Labour’s desire to rejoin the EU. Andrew Griffith, the shadow business secretary, has written to Business Secretary Jonathan Reynolds, demanding clarity on when the government plans to proceed with the reforms. In his letter, Griffith stated: “The country voted to leave the EU. Parliament passed primary legislation to bring that decision into effect. The Government should not seek to undermine those decisions, taken by the people and by Parliament, by the use of secondary legislation.”
Under the principle of supremacy, UK courts are required to set aside domestic law if it conflicts with EU law covering the same area. The Conservatives argue that delaying the end of this principle risks allowing the European Court of Justice (ECJ) to retain influence over UK law, particularly in areas such as trade and food safety.
Sir Keir Starmer has pledged to reset relations with the EU, including negotiating agreements to ease import checks on British goods. However, EU officials have insisted that any such deal would require the UK to adhere to the bloc’s food safety rules, which would give the ECJ oversight over how those rules are applied in Britain. Critics argue that this could lead to a situation where EU law continues to influence UK legislation, despite Brexit.
Griffith accused Labour of being “desperate to rejoin the EU by any means possible,” pointing to Sir Keir’s past support for a second referendum and free movement of people. He added: “When Labour negotiates, Britain loses. They must deliver on the promise made to the British people and not unpick Brexit by the back door.”
The power of the ECJ over UK courts was a contentious issue during the Brexit referendum and subsequent negotiations. Former Prime Minister Theresa May fought to “take back control of our laws,” but her withdrawal agreement allowed the ECJ to retain certain powers, particularly in cases involving citizens’ rights.
A spokesperson for the Department for Business and Trade defended the decision to pause the reforms, stating: “It is already possible for higher courts in the UK to depart from pre-Brexit EU case law, and new EU legal judgments will continue to have no bearing on UK law. Pausing this change gives businesses greater stability, but we remain free to reform inherited EU law as we see fit and will do so when it is in the best interests of our businesses and our economy.”
The controversy highlights the ongoing tensions over Brexit and the UK’s future relationship with the EU, as Labour seeks to balance economic stability with the promises made during the referendum campaign.
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