European Union Bill

May I first respond to my hon. Friend the Member for Stone (Mr Cash)? He spoke with his characteristic dignity, courtesy and thoroughness about the issue of EU accession. I am sure that he will understand that I want to look carefully at the report from his Committee, rather than responding on the hoof this afternoon. As he would expect, a subject of this significance needs to be discussed by Ministers collectively in order for the Government to come up with the thorough and considered response that every member of his Committee deserves. Clause 7 fulfils the pledge made in the coalition programme for government that"““the use of any passerelle””—" or ratchet clause—"““would require primary legislation.””" It sets out that the Government may not agree to the use of a number of passerelles, or ratchet clauses, in the EU treaties unless the approval from this House is specified in an Act of Parliament. As the Foreign Secretary and I have made clear in the past, there is no straightforward legal or treaty definition of a ratchet clause. The European Union (Amendment) Act 2008 listed 10 such clauses and limited the definition to use of the simplified revision procedure and to nine articles that allow for the giving up of the British veto in specific areas. When we considered that commitment in the coalition programme, we decided that that definition was insufficient. So for a start, we have put a referendum lock on many of the passerelles listed in the 2008 Act. We debated those matters earlier in our Committee proceedings. Others we have subjected to a primary legislation lock under clause 7. So the use of article 48(7) to give up the UK veto in an area that we did not include in schedule 1 to the Bill would, none the less, still require full parliamentary approval in an Act of Parliament. The same principle applies to any proposal to move to qualified majority voting in an area of enhanced co-operation in which the UK is a participant. My hon. Friend the Member for Daventry (Chris Heaton-Harris) referred to article 48(7), and asked me about those aspects of it that did not involve giving up the UK veto but that made possible a shift to the ordinary legislative procedure. It is true that there are eight largely technical cases where article 48(7) could be used to move from the special legislative procedure to the ordinary legislative procedure, but they do not involve a move from unanimity to qualified majority voting, as QMV already applies in each of those eight instances. We believe that all such a decision would do would be to increase the role of the European Parliament from being consulted to being the joint decision-making authority with the Council. It would not change the UK's position under QMV. In the light of my hon. Friend's comments, I would be happy to take the issue away and reflect on it further. Perhaps I could write to him on that detailed point, ahead of the Report stage, and see if I can satisfy him on that account.