Lisbon Treaty (No. 3)

I can understand my hon. Friend's view on that matter. It does not matter whether we are Eurosceptics or believers in the European Union, we all believe in the democratic principle. If the European Union is to survive and prosper, it is crucial that power should only be given to institutions that are not directly or even indirectly accountable to the electorate in the rarest possible circumstances and with any constraints that are reasonable and proper in the circumstances. I am delighted that unlike the constitution, and contrary to the Government's original strategy, there is a protocol that states that there will not be justiciability of the role of the European Court. The question is whether that is watertight. If the Government had been more competent during the original negotiation, they would have been able to remove the residual doubt by simply saying that the protocol will apply regardless of other treaties and regardless of European law. As my hon. Friend the Member for Aylesbury (Mr. Lidington) said, such constraints apply elsewhere and could have applied here, if the Government had not missed the trick. It would be difficult now that the treaty has been agreed for them to go back and renegotiate it. That means that we will have to be careful in analysing the Government's arguments to see whether, notwithstanding that omission, the protocol is something of value. If it is, it will not only help the Government and the United Kingdom, but it will be a big step forward in how to relate to the European Union for countries that want to be part of it, as long as it can show the flexibility and diversity necessary for an organisation of 27 and perhaps, one day, more than 30 countries.