European Union (Amendment) Bill

I should like to add to the already formidable list of issues raised by my noble friend Lord Howell and the noble Lord, Lord Rowlands. I shall also speak to Amendment No. 119, which is in my name, and which I hope may provide some resolution to these issues. For the reasons that the noble Lord, Lord Rowlands, has just enunciated, few things are more important to a nation than the security of its energy supply. The problem that many of us have with this treaty is that it is completely unclear about what role exactly the European Union will play—where the limits of its role lie and what role that leaves for the nation state to pursue its obligations on security to its citizens. Article 2C of the Lisbon treaty moves energy into this new category of shared competences, where it is then defined as subject to legislation by qualified majority voting. Article 176A then spells out in detail that the European Union shall establish whatever measures are necessary to do a number of things, including ensuring the functioning of the energy market and ensuring security of energy supply. It goes on to say that, "““Such measures shall not affect a Member State's right to determine the conditions for exploiting its energy resources””." But what does it mean to say that the European Union shall take whatever measures are necessary to ensure security of energy supply? What role does that give the European Union in taking control of our energy resources? What control does it give the European Union in directing the way in which our energy priorities are set? This uncertainty is added to by Article 84 in the Lisbon treaty, which says: "““Without prejudice to any other procedures provided for in the Treaties, the Council, on a proposal from the Commission, may decide, in a spirit of solidarity between Member States, upon the measures appropriate to the economic situation, in particular if severe difficulties arise in the supply of certain products, notably in the area of energy””." I know that much of that statement was in the previous treaty, but energy has notably been added to it. What measures may the Commission and the Council, without prejudice to any other procedures in the treaties, decide to impose in a spirit of solidarity to deal with issues of energy shortage? Exactly what powers are we handing over to the European Union? Will the Commission and Council be able to control our reserves if they so wish? Will they be able to direct the way in which energy resources move within the Community? These provisions in the treaty are completely unclear. In a measure that is so important, for the reasons that the noble Lord, Lord Rowlands, has spelt out, we need to be very clear about the exact delineation. My amendment is clear. It would not affect the words of the treaty. It would simply add to the Bill the following clarification: "““Nothing in this Act or the Treaty of Lisbon shall be taken as limiting the sole right of the United Kingdom government to take decisions regarding the control and management of the United Kingdom’s energy supply””."