European Union (Amendment) Bill

My Lords, we hope that all these documents are open to everyone in the House. The noble Baroness acknowledged, on the idea of a vote, that it would not be binding on the Government. The noble Baroness nods. That is what worries me the most. She goes on to say that the technical answer is that the Government would remain in control of it. The whole procedure is under the control of the Government. Again, the noble Baroness nods. The noble Baroness was then asked whether the Government would feel legally bound by a vote. The noble Baroness said that she would not. Those quotations do not do anything other than remind us that we are dealing with some very important constitutional issues. The amendment is quite simple; it clearly says that if the Government are to proceed to cross a red line, they would need to come to Parliament to seek approval. I remind noble Lords that the words of the amendment are: "““A Minister of the Crown may not commit the United Kingdom to new obligations, or alter the obligations of the United Kingdom … unless Parliamentary approval has been given””." That is the question before this House. It has been a traditional role of this place, which we prize beyond price, that we hold the Government to account. We are not debating scrutiny so much as parliamentary accountability. It is accountability that the debate turns on. I am afraid that the noble Baroness, for all her valiant attempts to seek to find a way through without amending the Bill, has neglected to give us the opportunity of utilising a crossing of the red line in the same way as we are going to deal with parliamentary control of decisions in Clause 6. I am reminded that Mr David Heath in the other place, who has some very strong views on this issue, said that we must take seriously the question of parliamentary approval. That is what this debate is all about. Will Parliament be given the opportunity of giving approval to a crossing of the red line, and indeed the breaking of a firm commitment by Mr Blair, that we would not in any circumstances give up our ability to control our common law judicial and police system? The noble Baroness is to be congratulated on trying to find a way through. I hope that we will be able to resolve today that parliamentary approval will be required if the Government decide to proceed in this direction. Whatever the result of this decision, if it means that the Bill goes back to the other place, the other place will have an opportunity to participate in the debate, which, because of the timetable Motion, it has not yet had the opportunity to do. It is vital that the other place, the elected House, has the same opportunity as we have to express its view on this important amendment, which I hope my noble friend will press to a vote.