European Union (Amendment) Bill

My hon. Friend is right to say that if the treaty is ratified, subsidiarity will be overtaken by the new division of powers in the treaty. One of the reasons why the Lisbon treaty is a constitutional treaty is because it attempts a division of powers between member states and the EU institutions—that is inescapably a constitutional matter. Such a provision is found in the United States’ constitution, which enumerates states’ rights as against those of the federal Government. The Lisbon treaty attempts to do exactly the same, in a way that is almost entirely in the EU’s favour. The definition of ““exclusive competence””—that list is longer—will completely prevent any legislation by member states in areas where it applies. Even the definition of a ““shared competence”” will prevent member states from legislating if the EU moves into the area where it applies. It is a funny definition of sharing, which in practice will simply allow member states a residual competence. The arrangement will overwhelm any attempt to enforce the subsidiarity principle.