European Union (Amendment) Bill

I shall refer to the consolidated texts of the EU treaties as amended by the treaty of Lisbon, because I always think that it is useful to know what the wording would be if the European Union reform treaty—the Lisbon treaty—were agreed by the 27 member states, unamended. I start with article 3 of the treaty on the function of the European Union, which is on page 38 of the consolidated texts. Article 3, paragraph 1 is about common fisheries policy, the customs union and so on, but I would like to make a point about competence, which is mentioned in paragraph 2, although I stand to be corrected by the hon. Member for Rayleigh (Mr. Francois). Paragraph 2 says:"““The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or insofar as its conclusion may affect common rules or alter their scope.””" My reading of the provision—the hon. Member for Rayleigh, who moved the amendment, may read it differently and, if so, I would very much like him to point it out to me—is that taken in totality, article 3, particularly paragraph 2, does not lead to exclusive competence for the EU in international development matters. That is my starting point. If I have misunderstood the provision, I am sure that the hon. Gentleman, in his usual helpful way, will correct me. If I am right, however, that somewhat detracts from his arguments about competence. Amendment No. 268, which deals with the special committee, refers to article 207 on page 133 of the treaty on the functioning of the European Union. I do not wish to read out the whole article, so I shall simplify it for the Committee. It provides for a special committee to be set up that, in consultation with the Commission—the special committee having been appointed by the Council to assist the Commission—can start negotiations and so on. The free-standing special committee cannot go off on a frolic on its own, as it is set up by the Commission and is responsible to it. Understandable concerns have been expressed about whether the high representative of the Union for foreign affairs and security policy would hijack the international aid agenda, but that matter is dealt with in paragraph 3 of article 218, which appears on page 139 of the consolidated text. I will not read out the whole thing—just what I think is relevant. If Members think that I am quoting selectively, doubtless they will let me know.