European Union (Amendment) Bill

Having given way on several occasions, let me turn to amendment No. 214. Just like the hon. Member for Beaconsfield (Mr. Grieve) in the previous debate, the hon. Member for Rayleigh (Mr. Francois) completely failed to take on board exactly how these provisions would work. As they conceded, the UK can choose whether to opt in. The UK will clearly not opt in to measures that we would not want the European Court of Justice to opine on. That is a stronger position than the constitutional treaty provided for. If the UK does not want to be involved in a measure that the ECJ will have no jurisdiction over, we have a very clear option not to do that. The second point, which the hon. Member for Rayleigh did not take on board at all, concerns what would happen if we made a mistake—as he would put it—and elected to enter into this process, but then it somehow went wrong during the negotiations and when we found we no longer wanted to participate, given how the negotiations had gone. In the Lisbon treaty, we have very clearly, for the first time, the emergency brake procedure whereby the matter goes to the European Council. That is fundamental. Article 9B(4) says:"““Except where the Treaties provide otherwise, decisions of the European Council shall be taken by consensus.””" Consensus means unanimity. [Hon. Members: ““It doesn't.””] It does. There is an appeal process. If a member of the European Council declares that it is not in line with the negotiations—[Interruption.] I am sorry; this is very clear. If a member of the European Council says that it does not agree, it is not possible to proceed by consensus and under the treaty, for the first time, it is absolutely clear that that provision will then fall. There is a fall-back. It is not necessary to decide at the beginning of the negotiation process—one can go all the way through that process and then have the emergency brake and go to the European Council, where if there is no consensus—if, for example, the British Prime Minister says, ““No, I'm sorry—I cannot accept this””—the matter does not proceed.