European Union (Amendment) Bill

My Lords, that is very helpful to the House. I thank the noble Baroness the Leader of the House for the tremendous work that she has put in to try to find a way through this. I also thank my noble friend for the work that he and his committee have done. As he rightly said, these are matters of fundamental constitutional change. Therefore, I thought that it might be helpful if I indicated at an early stage the reaction of the Opposition to these proposals. Thanks to the noble Baroness I received at lunchtime today a copy of the proposals, entitled ““Statement on JHA Opt-Ins””. I think that we are very well served by the committees of this House. I therefore pay tribute not only to my noble friend and his Constitution Committee but also to the noble Lord, Lord Grenfell, and the work of his European Union Committee. Indeed, I had the opportunity of sitting on that committee for a number of years. We welcome this very important amendment. It takes us to the heart of our relationship with the European Union in general and our entire approach to the treaty. It has never been an easy relationship. Every time I see the noble Lord, Lord Roper, in his seat, I defer to him on the details, but as my noble friend just reminded us, our accession to the then European Economic Community perhaps happened only because 69 Labour MPs—guided personally by the noble Lord, as I recall it—rebelled in one historic vote. Then the small Liberal group in another place stuck to its guns and supported the Heath Government in some very tightly contested divisions on the European Communities Bill. As my own party’s troubles on Maastricht and other matters European proved, it does not necessarily get any easier. None the less, all those stresses and strains are the price we rightly pay for living in a parliamentary democracy. It is, I suppose, a reflection of our troubled relationship with the European Union that these questions of protocols, opt-ins and opt-outs should arise at all. It is all a far cry from that original unifying vision of the six back in the late 1940s and early 1950s. But as the Union expands, so it must learn to show greater tolerance and flexibility. Indeed, as the noble Baroness the Leader of the House will know, in Clause 6 there are a number of provisions that follow the words: "““A Minister of the Crown may not vote in favour of or otherwise support a decision under any of the following unless Parliamentary approval has been given””." All the instances are covered from (a) to (i). As I understand it, the noble Lord’s amendment seeks to add to this list. The amendment makes it clear that he and his colleagues are addressing a recommendation from the Constitution Committee to ensure parliamentary approval of the decision to opt-in to any freedom, security and justice provisions. In order for parliamentary approval to be given, a Motion must be moved by a Minister of the Crown that, "““the House approves Her Majesty’s Government intention to commit the United Kingdom to new obligations””." I think that that is agreed on all sides. That is the purpose. We must put all that into context for a moment, as we seek to respond to the very detailed proposals that the noble Baroness has put forward. We are, of course, dealing with red lines. On 18 June 2007, when he was Prime Minister, Tony Blair stated to the Liaison Committee in another place that, "““we will not agree to give up our ability to control our common law and judicial and police system””." What could be simpler than that? As I understand it, this amendment seeks to prevent the Government deciding suddenly, between now and the next election, to completely change their view and to seek to go against that undertaking. But we have a new Prime Minister and new Ministers and we do not know what will happen tomorrow; we may have further people in charge. That is the fundamental constitutional change that we are talking about, together with Schengen. Let us judge what the noble Baroness is putting forward. I have always taken the view that it is a very good idea always to seek to improve our scrutiny procedures. That must be a given. I commend the noble Lord, Lord Grenfell, on his constant attempts to try to make sure that we move forward in our reforms. Here, we have a draft code of practice to ensure that Parliament’s views are fully considered. That is a point that we on these Benches find difficult to accept, because there is no scope for even having the Clause 6 proviso here if the amendment does not form part of the Bill. I recognise that the noble Baroness is determined, if she possibly can, to avoid any amendment to the Bill, but this is not a fatal amendment; far from it. It does not in any way affect the treaty of Lisbon, but it does affect the way in which we in Parliament approach the serious constitutional changes that may or may not take place if the Government decide to opt in. The noble Baroness the Leader of the House is committing to table a report in Parliament each year on whether the Government would opt in and—if any views are forthcoming within eight weeks—to take account of any opinions of the committees regarding whether the UK should opt in. I am always nervous of the phrase ““to seek””. I am not going to quote The Scarlet Pimpernel, but to commit to seek to arrange a debate is not as forceful as arranging a debate. It is certainly not as forceful as saying that a debate and parliamentary approval are necessary before a matter can proceed. The final words of the memorandum are very clear; they are a commitment to ensure that Parliament’s views are fully considered. It has also been my privilege to see the transcript of what the noble Baroness the Leader of the House told the Constitution Committee, which I believe is in draft form at present. I have a copy, and I hope that it will be made available. If I quote the noble Baroness incorrectly, perhaps she will take the opportunity to correct me. Let me quote her first—