European Union (Amendment) Bill

The EU is not just about a free trade agreement, important though that is. From his perspective the noble Lord sees that that is an adequate and appropriate relationship with other member states. That is his opinion. In the opinion of the Government and, I think, that of the Conservative and Liberal Democrat Front Benches, and probably that of many Members who have had the privilege and pleasure of being involved in the European Union, it is much more than that. The noble Lord believes that that is as far as he wishes to go and, indeed, his political party would say so. That is for them to put forward. The Government’s contention is that the EU brings much greater benefits, not least, as we mentioned in earlier discussions and will do so again, in terms far beyond simply trade; for example, in terms of how we tackle some of the big issues that face our countries such as climate change. The noble Lord and I differ on that principle. The second part of the amendment concerns the publishing of the report. The European Commission publishes its annual report on competition policy which we ensure is deposited with explanatory memorandum for scrutiny by the relevant European Committee of both Houses of Parliament. We do not as a matter of policy comment on the competition enforcement activities of independent competition authorities, be they at national or European Union level. It is important that they are able to carry out their function free from political interference. I hope that the noble Lord will consider that I have addressed that amendment. Amendment No. 86, which refers to the protocol on the internal market and competition, goes to the core of much of the discussion that we have had on this group of amendments. Noble Lords identified the importance of President Sarkozy’s position in this regard and the importance of the change that was made within the treaty. First, negotiations are negotiations. Many noble Lords present this evening and in the House overall have been involved in negotiations and will know that they are a give and take process in which it is often important to look at the domestic situation of those trying to put forward a proposition. The second element to a negotiation is to look at what would be the impact of that negotiated position. As I said in response to an Oral Question by the noble Lord, Lord Campbell of Alloway, I cannot read President Sarkozy’s mind but I know that in putting forward his own negotiating position he will be very mindful of his domestic position. That is what Heads of Government must always be aware of. Therefore, I presume that the President of France put forward a proposition that he felt would find favour, and which he has subsequently said does not have legal force. I believe those were his words. I promised that I would not quote overseas leaders but I think that is a particularly relevant symbolic comment. I believe that the President of France made a symbolic gesture without legal force that was important in terms of his domestic circumstances. The response of the UK Government and the other member states involved will be to look at what is being proposed and assess its relevance and importance in terms of what was being negotiated. As the noble Lord, Lord Lamont, and other noble Lords said, this is a very important aspect of the functioning of the European Union and of the Lisbon treaty. As noble Lords will know, we considered carefully the other articles to which my noble friend Lord Radice referred: articles 4, 27, 34, 81 to 89, 96, 98, 105 and 157, where references to competition remain as they were. We will also have looked at the protocol strongly supported by the then-Prime Minister Mr Blair and the now-Prime Minister Mr Brown. I have no idea whether Mr Brown was upset, but I know that he supported fully the ambition of getting a protocol.