A Tory civil war over the future role of European judges burst into public view today as Theresa May was warned not make concessions that would ‘reverse’ Brexit.
Ex-Tory leader Iain Duncan Smith and former Court of Appeal judge Sir Richard Aikens both warned the Prime Minister to block any future role for the European Court of Justice (ECJ).
The warning to Mrs May came as senior Eurosceptics in the Leave means Leave group laid down seven new ‘red lines’.
The clashes come on the eve of a crucial meeting in Brussels where the Prime Minister is due to present Britain’s final offer on the terms of divorce.
If EU Commission President Jean-Claude Juncker does not accept the offer on the divorce bill, citizens’ rights and the Irish border trade talks could be delayed again.
A Tory civil war over the future role of European judges burst into public view today as Theresa May (pictured in Maidenhead with husband Philip today) was warned not make concessions that would ‘reverse’ Brexit
Ex-Tory leader Iain Duncan Smith (file) and former Court of Appeal judge Sir Richard Aikens (right) both warned the PM to block any future role for the European Court of Justice
Today’s row over European judges comes amid efforts to end an impasse over how EU citizens living in Britain after Brexit can enforce their rights.
Brussels is determined to keep the ECJ open to the more than 3 million EU citizens but Britain says its courts should be sufficient.
A possible compromise suggested this week would have seen the UK Supreme Court being allowed to refer cases to the ECJ itself.
But Mr Duncan Smith and Sir Richard claim this could lead to ‘mission creep’ that sees EU judges ruling on trade issues as if the referendum never happened.
Sir Richard, the president of the Lawyers for Britain group, which campaigned for Leave in the referendum, warned her not to compromise on the issue of the jurisdiction of the European Court of Justice (ECJ) in order to secure an agreement on citizens’ rights.
In a letter to Mrs May, seen by The Sunday Telegraph, he expressed concern that she was heading for an arrangement in which British judges would be able to refer specific cases relating to EU citizens to the ECJ for a ‘binding interpretation’.
‘After the UK leaves the European Union, the rights of EU citizens in the UK … will be governed by a bilateral treaty between the UK and the EU,’ he said.
‘I know of no instance in current international relations where a sovereign state that has entered into a treaty with another sovereign entity (such as the EU) has accepted as binding the rulings of the court of the other party.
‘If the (ECJ) were given the exclusive right to interpret the proposed UK/EU treaty in relation to EU citizens’ rights to enter and stay in the UK, the right of the UK to ‘control’ UK borders and the rights of all citizens who lived in the UK would be lost forever.
‘That would be tantamount to reversing the result of the 2016 referendum.’
The clashes come on the eve of a crucial meeting in Brussels where the Prime Minister is due to present Britain’s final offer on the terms of divorce to Commission President Jean-Claude Juncker
In a separate article in the Telegraph, Mr Duncan Smith warns the plan would be ‘quite unacceptable’ as it would put the UK in the position of ‘ceding power to a foreign court’.
He said: ‘Any oversight in relation to EU citizens could also lead to a mission creep in which the EU demands similar arrangements for legal disputes on trade and other areas.’
The seven new red lines for Mrs May were detailed in a letter to the PM from ex-Tory ministers Owen Paterson, John Redwood, David Jones and the Tory peers Lord Lawson, Lord Vinson and Viscount Ridley, revealed by the Sunday Times today.
The group – which also includes businessmen such as the entrepreneur Luke Johnson and Tim Martin, the chairman of pub operator JD Wetherspoon – says Mrs May should refuse to hand over money and quit the talks altogether if the demands are not met.
They also want a complete end to the ECJ ruling on cases in the UK and an agreement Britain can negotiate and sign trade deals during any transition.
The group also wants an immediate end to new EU rules during the transition, to scrap EU free movement straight away, a strict two-year curfew on the transition deal and a final deal on the Irish border before that ends.
The letter says: ‘If the EU refuses to agree to these terms by the end of the December council, the UK having exhausted every avenue should suspend its participation in the negotiations and inform the EU that, unless they are prepared to talk to us seriously about a future free trade arrangement, we will revert to World Trade Organisation terms from March 30, 2019.’
Eurosceptics incluing ex ministers Owen Paterson (left) and John Redwood (right) set out new red lines they say May should not cross today