European Union (Amendment) Bill

I realise that in the few moments available I cannot reprise the whole of yesterday's debate on the business motion. However, I will briefly remind the Committee that we argued very strongly yesterday that one day was nowhere near enough to debate the issues of criminal justice, policing and home affairs that are at stake under the Lisbon treaty. We have been more than borne out by the way in which the debate, particularly on the amendments, has been conducted. Even with the switch in timing that the Government allowed, a number of Back Benchers were still standing at the end of this group of amendments who did not have the chance to put their points to the Committee. It should also be noted that we will not reach the second or third group of amendments—including, critically, the group on the matters of borders, visas, asylum and migration. I remind the Government that we argued strongly for having a separate day to debate those measures. Members were promised by no less than the Prime Minister an opportunity for ““line-by-line scrutiny”” of the treaty of Lisbon. Given that promise, this has not been an auspicious beginning. Let me now turn to the Government's case. If the Government have such a powerful case in opposing our amendment No. 214, why is it that out of a party of more than 350 MPs, not a single Labour Back Bencher made a speech in defence of the Government's position? In fact, for large parts of the debate on the amendments, the Labour Benches were almost completely deserted. So much for line-by-line scrutiny of the treaty of Lisbon! The fact is—[Interruption.] The Government Chief Whip says that Labour Members agree with it; well, if so, why not have the guts to turn up and argue their case? The collapse of the third pillar into the first pillar is a major change encompassed by the Lisbon treaty and it has very severe implications for our system of criminal justice. That was pointed out by a number of my right hon. and hon. Friends, not least in a passionate speech by my hon. Friend the Member for Woking (Mr. Malins). Indeed, it was also bravely pointed out by several Labour Back Benchers, including the hon. Member for Birmingham, Edgbaston (Ms Stuart) and the redoubtable hon. Member for Crewe and Nantwich (Mrs. Dunwoody). This is a major, major change, yet the Government are attempting to argue that it is just some minor technical modification. It is not. It potentially gives the European Court of Justice jurisdiction in these areas, which it has never had before, and the abolition of a veto is no way compensated for by a combination of an opt-in and an emergency brake. The Government had 40 objections to the constitution—effectively what they are now signing up to. Two of those objections were accepted—played 40; won two; drawn none; lost 38—yet the Home Secretary described it as a negotiating triumph. My God, what would have happened if we had done badly and lost! Why do we not have the Danish protocol, which would give us far greater protection in these matters than the one we have been given? We are utterly unconvinced by the Government's answer on all— It being two and a half hours after the commencement of proceedings, The Chairman put forthwith the Question already proposed from the Chair, pursuant to Orders [28 January and this day]. The Committee divided: Ayes 170, Noes 353.