European Union Bill

Given the history of the article's use, I do not blame my hon. Friend for being properly sceptical and inquiring about how it might be used in future, but the Lisbon treaty now sets out explicit and specific treaty bases to govern policy areas and legislative measures that were previously the subject of article 352 authority, so it rules out the article's future use to authorise measures in those categories. Despite the greater restrictions on the use of article 352, and although it is not a ratchet clause under the definition that the Government have tried to apply consistently, given its significance we have decided that its use should be subject to greater parliamentary control. At the moment, as my hon. Friend acknowledges, its use is subject to the same parliamentary scrutiny as any other proposal for EU legislation, and the Bill makes it clear that this Government do not believe that that is sufficient, hence the inclusion of clause 9. The provisions will apply to proposals for which article 352 forms one part of the legal base and to proposals based on article 352 exclusively. The article has been used in the past to authorise a range of important measures: to set up EU agencies such as the European Union Agency for Fundamental Rights; to set up things such as a community civil protection mechanism; and to enable member states to work together to mitigate damage from natural or man-made disasters. They were important decisions, and they exemplify exactly the sort of legislation that will require an Act of Parliament under this Bill before the United Kingdom is able to sign up to it. I turn, however, to the exemptions. Where legislation based on article 352 is equivalent to a previous measure, prolongs or renews an existing measure or extends a previous measure in terms of its geographical scope, we do not think it right to require an Act of Parliament in order to agree to it—if the substance of the measure is identical to a previously agreed measure. If it is not identical, the measure should none the less be subjected to parliamentary approval by Act of Parliament. Similarly, we do not judge that an Act of Parliament is an appropriate requirement if the legislation simply repeals existing measures or consolidates, without adding to, existing measures made under that article. Any proposal for legislation based on that article, even if the Government consider that it is covered by one of the exemptions, would of course remain subject to the normal arrangements for the scrutiny of EU legislation and the powers of the two scrutiny Committees. It is worth noting that the use of article 352 for legislative proposals will now also be subject to the protocol on the application of the principles of subsidiarity and proportionality. I encourage the scrutiny Committees to continue the work that they are doing on the use of yellow and orange cards, because they might wish to take advantage of such opportunities in relation to measures under article 352. If a Minister intends to rely on any of the exemptions in the Bill, he is required by clause 8 to lay before Parliament a statement setting out his reasoning. Parliament and the public will be able to judge whether the proposal in question really does fall under an exemption, to challenge the decision of the Minister, and, in the case of Parliament, to override that decision. The three proposed amendments to clause 8 would make substantive changes to the treatment of uses of article 352 that do not require primary legislation under the Bill. Amendment 26 would narrow the scope of the exempt purposes under which uses of the article can be agreed without primary legislation. It would remove the requirement for a Minister to make a statement to Parliament and replace it with a vote in both Houses. The consequence of the first change would be that only uses of the article that were equivalent to a previous use or that consolidated previous uses of the article, which themselves had been adopted in line with the provisions of the Bill, including through primary legislation, would be considered exempt from the primary legislation requirement. The consequence of the amendment, therefore, would be that Parliament would have to approve through primary legislation a number of uses of article 352 that it had already considered. It does not seem sensible to legislate on issues whose substance Parliament has already considered and approved. The requirement for a positive vote in both Houses in place of a Minister's statement would, again, place significant demands on Parliament's time. Such proposals are already subject to the requirements of parliamentary scrutiny. If the scrutiny Committees thought it necessary, they could recommend that the question of whether such a proposal was exempt be subjected to debate. That debate would be on a motion that could be amended, so Parliament would be able to express its view of the Minister's judgment. Amendment 26 would also mean that both Houses would have to approve the repeal of an existing article 352 measure. Providing for a vote on the repeal of European Union legislation is not in-keeping with the overall objective of the Bill, which is to enhance public and parliamentary control over future decisions in the EU—not previous decisions that are being terminated. For those reasons, I urge my hon. Friend the Member for Daventry not to press the amendment. Amendments 43 and 53 seek to remove the exempt purpose criteria from clause 8. The effect would be that primary legislation would be required for every single use of article 352. For the reasons I have outlined, I do not judge that requiring primary legislation for each and every use of the article, including the repeal, consolidation or extension of existing measures without further EU action, is proportionate or necessary. I urge my hon. Friend the Member for Stone to seek leave to withdraw the amendment.