European Union (Amendment) Bill

My Lords, I am a member of Constitution Committee, chaired by the noble Lord, Lord Goodlad, and I have added my name to this amendment. As your Lordships have heard, the noble Baroness the Leader of the House has toiled nobly and valiantly to discuss all the proposals with us. The question is: are the proposals on paper sufficient to enable us not to press the amendment, or should we insist on it? It is obviously right that these proposals do not amount to the totality of the amendment—government proposals in response to amendments seldom do so. But are they sufficient? In my view, they are. The difference is that under the amendment no opt-in could take place without an affirmative resolution of each House. Both Houses would have to decide to opt in, to opt out or to do anything different. Under the noble Baroness’s proposal the Government need only ensure that there is a debate. Perhaps I may say to the noble Lord, Lord Hunt, that it is very hard to criticise the noble Baroness for using the words, ““seek to arrange the debate””. I am certain that a whole lot of constitutionalists in this House would have stamped their feet loudly if the Government had said that they ““would”” arrange a debate, because it is not in their gift. The noble Baroness should not be criticised for that, but I leave that on one side. If both Houses vote no, it is extraordinarily unlikely that it would happen. It would be a brave Government who went ahead and did it none the less. Of course, the other place might vote yes with the Government and this place might vote no. There would be no use of the Parliament Acts; there is no way that the view of the House of Commons can be imposed on your Lordships. So, there would be deadlock. I do not think that the Government can be criticised for saying that that would not be acceptable in the long run. They will consider the views of noble Lords but must have the power, if needs be, to override them. There may be ingenious behind-the-scenes diplomacy where it is badly needed. It would therefore be better if your Lordships did not press the amendment and accepted what the noble Baroness said. However, I would ask the noble Baroness to clarify one proposal. She did not mention in her summary the proposal that this should be reviewed three years after the treaty comes into force to ensure that the enhanced scrutiny measures are working effectively. Can she make it absolutely clear that the review is intended to improve detail and the efficiency of the system but that it cannot detract from what is promised in her statement? Subject to that, I suggest your Lordships do not press the amendment.