European Union (Amendment) Bill

I am grateful to the noble Lord, Lord Stoddart. I did not see him stand up; I was not trying to cut him off in his prime from our discussions. The categorisation of competences does not do anything new. The Committee will be aware of exclusive and shared competences, and areas where the EU can ““support, co-ordinate or supplement”” national actions. No change of substance is being proposed here; the categories reflect existing case law and, I believe, provide greater clarity than we have had before. The Select Committee said: "““We consider that setting out the categories and … listing … areas of competence is a useful clarification””." I hope that all noble Lords will agree with that quite important point. It is also explicit in the Lisbon treaty that powers are given to the European Union by its member states, not the other way round. Again, it is important to clarify that that is how this works. It sets out exactly where the European Union has a power to act and in what way, and that it has only those competences expressly conferred on it by the treaties. I would describe that as making it absolutely clear that the member states are, importantly, in control of the treaties—““masters of the treaties”” is how the German constitutional court put it. Another important clarification is that the treaty also specifically recognises that competences can be transferred back to member states. If it is better that one be taken away from the European Union and go back to member states, that can now happen. It is important to recognise that, as Chancellor Merkel said, it is no longer a one-way street; that is absolutely right when there is the ability for things to be returned. Also, in the area of shared competence, if the Union ceases to exercise its competence it reverts back to the member states. First, then, this is a clarification of what is exclusive and shared, and where the EU is acting to support member states. It is important to say that that is the extent of what the European Union can do, that competencies can be returned to member states and that those are conferred on the Union by member states. I should have thought that all noble Lords would welcome those important points of clarification.