Lady Hale, President of the UK Supreme Court, has outlined concerns that the Brexit bill will put judges in the position of making “political” decisions about EU jurisprudence.
She told members of the House of Lords that the current wording of the European Union (Withdrawal) Bill is “very unhelpful”.
Lady Hale (pictured) told the Lords constitution committee: “In the first place it says we don’t have to take account of Luxembourg jurisprudence, and then it says we may do so if we think it appropriate.
“We don’t think ‘appropriate’ is the right sort of word to address to judges. We don’t do things because they are appropriate, we look at things because they are relevant and helpful.
“But we don’t want to be put in the position of appearing to make a political decision about what is and is not appropriate.”
However, she declined to offer an alternative wording for the bill, as that would be “inappropriate from a separate of powers point of view”.