My hon. Friend's observation is accurate, and it is emphasised by the point I am about to make.
The Government have allowed in the Bill for parliamentary approval of a sort, but clause 6 does not list all the passerelles inserted by the treaty. The modest concessions made by the Government to give some additional power to the House ignore the fact that passerelles in the treaty are not covered by the clause. For example, article 82 of the consolidated treaty can expand the EU competence over criminal procedures. To me, that is a passerelle clause—it is a mechanism in the treaty whereby by a unanimous decision by a temporary and perhaps transient European Council or Council of Ministers can agree to expand the treaty into new areas of criminal procedure. That is not subject to the mechanism of which the Government are so proud.
To give another example, article 83 permits new areas of crime to be subject to qualified majority voting, simply by a decision of the Council of Ministers, without any parliamentary involvement at all. Article 86 can extend the powers of the European public prosecutor, again, without any vote in the House. My amendment adds to the list of passerelles covered by the Government's procedure the missing passerelle clauses that they do not mention.
European Union (Amendment) Bill
Proceeding contribution from
David Heathcoat-Amory
(Conservative)
in the House of Commons on Tuesday, 4 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 c1623 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
Librarians' tools
Timestamp
2023-12-15 23:39:31 +0000
URI
http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_451279
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_451279
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_451279