European Union (Amendment) Bill

This is, or ought to be, a parliamentary matter and not a party matter, so in a way I hesitate to taint it by offering a contribution from the opposition Front Bench. But we have heard extremely wise words, based on a very wise report from enormously experienced parliamentarians—experienced in both places—such as my noble friend Lord Goodlad, the noble and learned Lord, Lord Morris of Aberavon, and the noble Lords, Lord Rowlands and Lord Jopling. We ought to ponder very carefully on the propositions that they have put forward. The propositions seem to me to carry considerable weight. What they are talking about in the name of Parliament, at a time when many fine speeches are being made about the need to restore parliamentary authority and accountability, is not just the need for improved scrutiny. I recognise that fully when the noble Lord, Lord Grenfell, talks about the time he needs to develop further methods. We have been talking now for more than two or three years—for five or seven years—about beefing up the whole scrutiny process, reducing the number of exceptions and loopholes that the Government can use to bypass scrutiny, and generally strengthening the entire system. There is very widespread concern that Parliament as a whole has not been doing its job. I agree with the noble Lord, Lord Harrison, on that. Although many people, especially in this House, have done an enormous amount of work trying to improve the system, it is not yet good enough. We are looking beyond that. We are looking at the need for clear accountability in very important matters and changes affecting people’s lives. That is what the report from our own Constitution Committee addresses very squarely. I sensed in earlier debates some suggestion that we could perhaps slightly downgrade reports from committees in another place and that we must rest on our own reports. But here we have, with the full authority of its members, the Constitution Committee’s report. It clearly says, in heavy black type, what amendments are necessary to the Bill. Why does it talk about ““amendments”” to the Bill? It is seeking affirmative resolutions. It is seeking approval—more than just scrutiny, approval—of proposals on the opt-ins and opt-outs in the justice and home affairs area, and indeed in wider areas as well. I concede that last night I was standing at the Dispatch Box arguing that we should go further than mere affirmative resolutions on the new passerelles—which are not similar to but more extended than the old ones—and there should be an Act of Parliament before a great change was made moving from unanimity to QMV in important new areas. That did not seem to command vast support in this Committee, although the matter is so important that I think we will return to it. However, this report seeks something short of that; namely the affirmative resolutions about which we have heard. If, as the noble Lord, Lord Grenfell, says, we need more time to work out how this is all going to work, that is a strong argument indeed for having a requirement in the Bill to ensure that we do not just roll ahead with the whole treaty and the whole Bill before this matter has even been worked out. That is a very important argument indeed.