My Lords, I tried to address that in my opening remarks. I checked, and the Home Office has overridden scrutiny only once in the past year. There is a procedure whereby, when one is looking for readmission agreements with third countries—to return third country nationals from the European Union—there have been occasions when the signatories needed for the countries to agree that they are going to send back third country nationals have taken place within six weeks. That has led to a quicker process. That is the only example that I could find, and I raise it specifically to make it clear that there could be exceptional circumstances.
When we look at the scrutiny or reserve resolution that we put before your Lordships’ House, we will have had time by then to discuss with the EU Committee how it wishes us to handle it. I do not want to pretend that it has never happened, because it has. There were a specific set of circumstances in which it did happen. Therefore, I cannot pretend that it may never happen again. Such an agreement might come forward, and we will find a way of dealing with that.
The noble Lord is right to raise the ““weasel word”” point made by the noble Lord, Lord Marlesford; whether there is anything that is weaselly in any attempt to say that there will never be such circumstances or that the Government could say, ““Actually, there are 20 times when that would happen””. Hence, my being very precise about it. We will make sure that we cover that in the resolution. It will come back to your Lordships’ House, it will be amendable, and noble Lords will be able to vote on it.
I cannot say that it will never happen, but it will be extremely exceptional. We will find a process of dealing with it that does not take away from the committee the opportunity to consider it, bearing in mind that that will be the timetable. I hope that that will help the noble Lord. Alan Clark’s diaries are very good but I do not see them as an authority on this issue. I would rather go on my own experiences of the European Union and, in particular, of the Justice and Home Affairs Council.
I hope that what I have said takes us to a place where your Lordships will feel comfortable. I am extremely grateful to everybody who has spoken. I do not know what the noble Lord, Lord Goodlad, will do—we are in his hands—but I am grateful that the other three noble Lords who added their names have thus far indicated that I have done enough to demonstrate the Government’s commitment to ensure that Parliament has a proper place in this.
European Union (Amendment) Bill
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Monday, 9 June 2008.
It occurred during Debate on bills on European Union (Amendment) Bill.
Type
Proceeding contribution
Reference
702 c398 
Session
2007-08
Chamber / Committee
House of Lords chamber
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