Justice Minister Chris Grayling has told MPs that he believes that the charter of fundamental rights drawn up by the EU does not apply to the UK but that he will seek clarification.
The issue was raised after a high court judge said that he believed that the EU charter of fundamental rights had unintentionally become a part of domestic law, even though the UK opted out of the Lisbon Treaty negotiations.
Last week, Mr Justice Mostyn said that recent European rulings relating to the charter suggested it was now incorporated “by proxy” into UK law, adding that the much wider charter of rights would remain part of the UK’s domestic law even if the Human Rights Act were repealed.
Mr Grayling was asked this week in Parliament if this was the case and he said that he had legal advice which suggested that it not apply but that he would find a test case to “clarify beyond doubt” that this is so.
He added that if it were to be found to be true then the Government would take “rapid steps” to address it, as the UK is not prepared to accept governance under the charter, which includes the right to strike, the right to marry and a right to collective bargaining.
Blaming the former Labour government, Mr Grayling said that the UK had been duped when Labour claimed to have negotiated an opt-out but the Opposition vehemently denies this.
However, Eurosceptic backbench Tories, many of whom oppose the completely separate European convention on human rights, were not placated by these assurances. Bill Cash, MP for Stone and chairman of the European scrutiny committee, said it could “open the floodgate to a tidal wave” of legal action.