Avoiding an 'oh crickey moment'published at 13:10 Greenwich Mean Time 21 February 2017
Brexit Bill
House of Lords
Parliament
Former Commons clerk Lord Lisvane "brings up the century" as the 100th speaker in the debate.
He describes the bill as "refreshingly short" but confesses to being puzzled by subsection two of the first clause: "This section has effect despite any provision made by or under the European Communities Act 1972 or any other enactment."
He wonders if this is an "insurance policy" to avoid an "oh crickey moment" when an inconvenient piece of legislation is "unearthed".
Or, he suggests, perhaps the drafters of the bill have something in mind that will be at odds with the provision of the bill.
He advises the government to keep in mind one rule of drafting legislation: "If you don't specify your target the courts may not agree that you have hit it."