HC Deb 29 October 1975 vol 898 c1587
41. Mr. George Cunningham

asked the Secretary of State for Foreign and Commonwealth Affairs what representations Her Majesty's Government have received since the EEC referendum on any legal impediments to the enacting by Parliament of the withdrawal of the United Kingdom from the European Community.

Mr. Hattersley

None, Sir.

Mr. Cunningham

Is the Minister aware that most people will accept that the desirability of Parliament ever legislating Britain out of the Community would have to take account of the results of the referendum and of any future expression of opinion by the public in an election or otherwise? Does he recall that successive Lord Chancellors have emphatically declared that there is no legal impediment to Parliament taking this course, if it so wishes? Will he reafirm that that is still the view of Her Majesty's Government?

Mr. Hattersley

I distinctly remember the speech made by my right hon. and learned Friend the present Lord Chancellor on 28th May in which he referred to judgments made by his predecessors confirming the legal point made by my hon. Friend. My hon. Friend is right to say that the legal position is clear—namely, that a British Parliament does not commit its successors and that the necessary legislation could be passed.

But that is not the essential issue. The essential issue relates to the views of the British people as to where British interests lie and as to the economic arrangements that we have made with the Community. Therefore, although I confirm my hon. Friend's remarks about the Lord Chancellor's views, I do not think that that attitude faces the reality of our decision.