European Union (Amendment) Bill

The record of the European Scrutiny Committee makes it clear that we were exercised by this challenge, especially as it relates to the Bill of Rights and the word ““shall””. We believed that whoever drafted the English version could translate the French so that its effect was compulsive in the sense that, as the hon. and learned Member for Beaconsfield (Mr. Grieve) said, it was a description of the reality of what the treaty would create. It may be that it was a throwback to the treaty for a constitution for the European Union—people keep referring to the original treaty as the constitution, but it was a treaty for a constitution—and was seen in that light by those who drafted it two or three years ago; and in the redrafting, some people may have kept that interpretation. We were slightly concerned that if we left in ““shall”” and did not insert ““may””, it would not be clear that there was no compulsion on Parliaments. In the light of Ministers' evidence to us, especially the Foreign Secretary, we accepted that Ministers felt that they had removed the offending element of compulsion by removing the word ““shall””. However, as we said in our third and final report of the last Session, we were disappointed about not getting ““may”” in. That would have clarified the matter beyond doubt. Yesterday, in an intervention on the Minister for Europe, I related the fact that in a recent meeting of the Chairmen of European Scrutiny Committees throughout Europe, a Chairman from another country said ““shall”” and, when asked about it later, said, ““But they must—it's in the treaty.”” Fundamentally, that is because some Governments and some Parliaments see themselves as giving up their role to the European dimension. Having taken evidence from Ministers and discussed the matter both formally and informally with the Minister for Europe and Ministers in all the Departments representing this country, I do not believe that we have ever given up that position to Europe. I believe that Ministers will fight the corner, but it will have to be fought, because it is not clear that the other side has given up its position, either.