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| Brexit: UK must keep 'half an eye' on European Court of Justice rulings | |
| (35 minutes later) | |
| The UK will have to keep "half an eye" on the rulings of the European Court of Justice (ECJ) after Brexit, a government minister has said. | The UK will have to keep "half an eye" on the rulings of the European Court of Justice (ECJ) after Brexit, a government minister has said. |
| Critics have accused the prime minister of a "climbdown" on her promise the UK would take back control of its laws when it left the EU, in March 2019. | Critics have accused the prime minister of a "climbdown" on her promise the UK would take back control of its laws when it left the EU, in March 2019. |
| The government maintains the UK will no longer be under the "direct jurisdiction" of the ECJ. | The government maintains the UK will no longer be under the "direct jurisdiction" of the ECJ. |
| But Justice Minister Dominic Raab has now said it will not be a clean break. | But Justice Minister Dominic Raab has now said it will not be a clean break. |
| He told BBC Radio 4's Today programme: "Our commitment as a government since the referendum has been crystal clear - we're ending the jurisdiction of the European Court over disputes between the EU and the UK, that's not on the table. | He told BBC Radio 4's Today programme: "Our commitment as a government since the referendum has been crystal clear - we're ending the jurisdiction of the European Court over disputes between the EU and the UK, that's not on the table. |
| "But look, let's also be clear about it - when we leave the EU, we are taking back control over our laws. | "But look, let's also be clear about it - when we leave the EU, we are taking back control over our laws. |
| "There will be divergence between the case law of the EU and the UK, and it is precisely because there will be that divergence as we take back control that it makes sense for the UK to keep half an eye on the case law of the EU, and for the EU to keep half an eye on the case law of the UK." | "There will be divergence between the case law of the EU and the UK, and it is precisely because there will be that divergence as we take back control that it makes sense for the UK to keep half an eye on the case law of the EU, and for the EU to keep half an eye on the case law of the UK." |
| The Luxembourg-based ECJ is in charge of ensuring member states abide by EU law. | The Luxembourg-based ECJ is in charge of ensuring member states abide by EU law. |
| Its rulings are binding on all member states, and it also settles disputes between countries and EU institutions. | Its rulings are binding on all member states, and it also settles disputes between countries and EU institutions. |
| A paper being published by the government later on Wednesday will say it is not "necessary or appropriate" for the ECJ to have direct authority over UK law after Brexit, adding that it would be "unprecedented" for it to do so. | A paper being published by the government later on Wednesday will say it is not "necessary or appropriate" for the ECJ to have direct authority over UK law after Brexit, adding that it would be "unprecedented" for it to do so. |
| It will set out a range of alternative models for dealing with legal disputes with the EU - and argue that the UK is is in a "position of strength" to forge new arrangements suited to its own circumstances. | It will set out a range of alternative models for dealing with legal disputes with the EU - and argue that the UK is is in a "position of strength" to forge new arrangements suited to its own circumstances. |
| Direct or indirect? | Direct or indirect? |
| Analysis by the BBC's Ross Hawkins | Analysis by the BBC's Ross Hawkins |
| Theresa May has promised - repeatedly - to simply leave the jurisdiction of the European Court of Justice. | Theresa May has promised - repeatedly - to simply leave the jurisdiction of the European Court of Justice. |
| In this morning's briefing there's a subtle difference. The government will "build towards ending the direct jurisdiction" of the court. | In this morning's briefing there's a subtle difference. The government will "build towards ending the direct jurisdiction" of the court. |
| Sources insist nothing has changed; the language has been used before. But what the word "direct" really means and how much say if any the ECJ will have in the UK after Brexit are now crucial questions. | Sources insist nothing has changed; the language has been used before. But what the word "direct" really means and how much say if any the ECJ will have in the UK after Brexit are now crucial questions. |
| Or - to put them another way - are we really taking back as much control as leave voters hoped? | Or - to put them another way - are we really taking back as much control as leave voters hoped? |
| The ECJ's remit extends into many of the areas where the UK is hoping to draw up new arrangements with the EU, including trade and citizens' rights. | The ECJ's remit extends into many of the areas where the UK is hoping to draw up new arrangements with the EU, including trade and citizens' rights. |
| Mr Raab said "some form of arbitration" would be needed, but that this would not be akin to a European court. | Mr Raab said "some form of arbitration" would be needed, but that this would not be akin to a European court. |
| Arbitration is where disputes are settled by a neutral third party. The UK and the EU could each appoint arbitrators and agree on a third, Mr Raab suggested. | Arbitration is where disputes are settled by a neutral third party. The UK and the EU could each appoint arbitrators and agree on a third, Mr Raab suggested. |
| He said this was different to the UK accepting the jurisdiction of ECJ which would be "lopsided and partisan and that's not on the cards". | He said this was different to the UK accepting the jurisdiction of ECJ which would be "lopsided and partisan and that's not on the cards". |
| European Court of Justice | European Court of Justice |
| Pro-EU campaigners say the government made an "appalling error" by making leaving the ECJ a "red line" in Brexit negotiations, saying new courts will now be needed in all the areas it extends to, including trade, citizens' rights and security. | Pro-EU campaigners say the government made an "appalling error" by making leaving the ECJ a "red line" in Brexit negotiations, saying new courts will now be needed in all the areas it extends to, including trade, citizens' rights and security. |
| The pro-EU Open Britain group claimed a "climbdown" in the government's approach. | The pro-EU Open Britain group claimed a "climbdown" in the government's approach. |
| Sir Keir Starmer, Labour's shadow Brexit secretary, said: "The prime minister's ideological insistence that there can be no future role whatsoever for the ECJ or any similar court-like body risks preventing the deal Britain needs." | Sir Keir Starmer, Labour's shadow Brexit secretary, said: "The prime minister's ideological insistence that there can be no future role whatsoever for the ECJ or any similar court-like body risks preventing the deal Britain needs." |
| Liberal Democrat leader Vince Cable said Mrs May's "red lines are becoming more blurred by the day", saying the ECJ had "served Britain's interests well" and should not be "trashed". | Liberal Democrat leader Vince Cable said Mrs May's "red lines are becoming more blurred by the day", saying the ECJ had "served Britain's interests well" and should not be "trashed". |