European Union (Amendment) Bill

Yes, the European Court has the final word—I am not quite sure what point the noble Lord was trying to make. However, I know that we want to move on, so let me just say that the implications of the amendment tabled by the noble Lord, Lord Owen, are sufficiently far-reaching to require additional examination before we can consider such a potentially profound overhaul of our legal arrangements. I have to say to my noble friend Lord Lamont that I am a lawyer—a real one, as many colleagues in the solicitor’s profession would say—one of the few practising solicitors in this House. Of course, we always have to consider the arguments put forward from barristers on one side and the other—not, I hasten to add, in a judicial way but in a reflective way—when we are seeking to explain the legal position to our clients. Therefore, as a lawyer, I found that the noble Lord, Lord Owen, made a positive contribution on which we would like to reflect. However, my Amendment No. 159 calls for an annual report to be laid before Parliament on the impact of any preceding rulings of the European Court of Justice on the United Kingdom. This report was called for by our Constitution Committee. I hope that the Government will give that recommendation the respect that it deserves. In giving evidence to the Constitution Committee, the Government laid out all the ways in which the European Court of Justice’s jurisdiction will be expanded by this treaty. The list relates closely to debates we have had in this House on various parts of this treaty. For instance, the charter, the impact of the common foreign and security policy and the increased co-operation on home and judicial affairs are all areas that we have mentioned several times. No doubt we will return to those issues in the future. It has been made perfectly clear in the contributions that we have been listening to that much of the opposition to these provisions is driven by uncertainty about the impacts of future ECJ judgments. We simply cannot tell whether their powers will be used to drive the European Union towards eventual federation—is that fear unfounded?—or instead whether the European Union will develop with complete agreement between all the participants about their role within it. The Government, in promoting this Bill, have sought to downplay their inability to predict the future. They confidently proclaim that only positive results will come from the increased remit of the European Court of Justice. However, their optimism has failed to convince many. This report in Amendment No. 159 will allow the Government to proclaim in future just how wrong we all were in getting so concerned, but it will give Parliament a chance to identify and protect against the undue interference and perceived loss of national independence that may follow. I sense that the general public are very confused about the situation. They are hungry for knowledge about what the EU does and would enjoy the opportunity coming from a debate on that report to learn about the treaty’s effects. Finally, in this place we have frequently opposed the gold-plating of EU directives—a practice that allows the Government to push unpopular Labour policies through Parliament while refusing responsibility for their impact. As a result, the European Union always bears the blame, in many cases unfairly, for what were Labour additions to a relatively harmless directive. Resentment also builds up because of the perception that it is only the United Kingdom that obeys and pays the full cost. That is a well known myth, but to some extent a very damaging one for those who believe so passionately in Europe. The Government have frequently claimed that our concerns and those of the public are unfounded because we do not understand the real situation, but they bear a great deal of the blame for any misunderstanding we might have. They have consistently rejected any of the various reporting or clarifying measures that we have proposed. I can only hope that the arguments of the Constitution Committee will be more successful and that Amendment No. 159 will at least meet with a positive response.