European Union (Amendment) Bill

My Lords, I am glad to have the opportunity to follow the noble Lord, Lord Jopling, who, like me, serves as a member of the European Union Committee. As its chairman, the noble Lord, Lord Grenfell, reminded us earlier today, that committee has not taken a common stance on the amendment tabled by the noble Lord, Lord Goodlad. I profoundly disagree with the remarks that we have just heard from the noble Lord, Lord Jopling. Not all statutory instruments are subject to affirmative resolution. Not all matters that will be subject to opt-ins will be of profound importance; some of them may be quite unimportant. What is attractive about the procedure that has been advanced by the Lord President and was considered by the Select Committee is the possibility that scrutiny-plus will allow that committee to take into consideration the seriousness and the priorities of the issues and to table a Motion that will be amendable. Amendable Motions go beyond the normal scrutiny of statutory instruments, which are usually either rejected or affirmed. This seems to me a more sophisticated form of parliamentary scrutiny than what we have enjoyed before. For that, it is welcome. I congratulate the Constitution Committee on raising this issue. I do not find it surprising that it should have put forward a proposal that is on the surface in line with the provisions of Clause 6 of the Bill. However, it has to be acknowledged that the matters covered by Clause 6 are very different in kind from those that will be considered under the opt-in or opt-out arrangements that relate to justice and home affairs. The Clause 6 provisions, which provide specifically for a new form of control over the negotiating authority of the Government, are a new, almost revolutionary form of ex ante control and relate to the decision-making process of the European Union. They do not relate to substantive issues of policy, which are normally allowed in our parliamentary democracy to be matters for the Executive, subject, of course, to the approval of Parliament. The superficial similarity of treatment between the provisions of Clause 6 and the proposals in the amendment in the name of the noble Lord, Lord Goodlad, and his colleagues can quickly be seen to be inapposite, because what is at stake in the case of the passerelle or different methods of decision-making can have a long-lasting effect on a wide range of issues. The matters that are covered by the opt-in and opt-out are precise, specific and eminently to be considered and decided by the Executive, subject to the approval of Parliament. It is wrong to erect such—