Amendment No. 55 concerns the way in which Acts of Parliament or statutory instruments made under Acts of Parliament will be treated as referring to the European Union rather than to the Community, which is a similar issue to that covered in the previous debate. I do not intend to speak for more than a short time, because I raised most of the issues that I want to address in the previous debate. Furthermore, I encapsulated the fundamental question about the merger of the treaties in the speech that I made about an hour ago.
Clause 3(6) does not specifically refer to ““Changes of terminology””. It states:"““In an Act or instrument made under an Act””,"
which is very wide. It refers to all Acts, including the European Communities Act 1972, so it is not confined to any one Act.
Subsection (6) also states:"““a reference to all or any of the Communities””,"
which relates to my point about the merger of the existing treaties. I objected to, remain concerned about and would oppose again, if I had the opportunity to do so, the intergovernmental arrangements under the Maastricht treaty, because they provide for European government rather than European trade. Irrespective of the question whether there is intergovernmentalism, the collapse of the pillars and the fact that the existing treaties will be merged into a Union and will overtake the Community, my fundamental objection to the way in which the whole of the European Union is being relentlessly integrated is that the arrangements involve European government rather than European trade. I am in favour of an association of nation states—as a matter of fact, I would prefer to return to the European Free Trade Association.
Subsection (6) states:"““In an Act or instrument made under an Act a reference to all or any of the Communities shall, in the application of the enactment or instrument after the passing of this Act, be treated as being or including (as the context requires) a reference to the EU.””"
That is a deeming arrangement, and it is effectively a retrospective arrangement. For both those reasons, I take exception to it, which is why I want it left out. It does include the European Communities Act 1972. As people pay more attention to the issue in future, as and when it arises, they will find that unexpected things will be done under the arrangements which will have consequences that people do not at present anticipate. My objection is that the provision is not only about terminology—it has certain substantial consequences. The issue links back to the merger of the treaties, to which I object, and relates to a deeming or retrospective provision, to which I take exception.
European Union (Amendment) Bill
Proceeding contribution from
William Cash
(Conservative)
in the House of Commons on Monday, 3 March 2008.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on European Union (Amendment) Bill.
Type
Proceeding contribution
Reference
472 c1509-10 
Session
2007-08
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2023-12-15 23:38:45 +0000
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