I am extremely sympathetic to what the hon. Gentleman says and I may be too optimistic about what can be done. There is, however, a disjuncture between what the protocols say and what it is said that they say. The Bill’s explanatory notes state:
“The Irish Protocol clarifies, but does not change”,
but if it does not change anything at all, why on earth was there need for a protocol? Was it a question of bullying Ireland to vote a second time? If it was, that is deeply disgraceful and shows something very rotten at the heart of a European Union that holds democracy in such contempt that when it gets a result it does not like it says, “Well, you must do this again and we will bully you until you give the answer that we, the panjandrums of the European Union, want.”
For once, I am being charitable to the European Union and assuming that when a protocol is agreed, it means something genuine and is a real protection in areas of competence-creep within the European Union. It might be strictly accurate to say that the things for which for which Ireland has been given its protocol are not currently covered by detailed regulations of the EU or by detailed parts of the Lisbon treaty. The protocol, however, gives Ireland further security. If judgments of the ECJ begin to expand the competences of the treaties, which they have done in the past—as we would understand it, the ECJ is an essentially political rather than legalistic court—Ireland can revert to the protocol.
The symbolic importance of the protocol is great. It shows that a country can push a little bit of a wedge underneath the collapsing portcullis of the EU—once a country is under it, it cannot get back out. The protocol has given Ireland a measure of release from, and clarification on, the Lisbon treaty. The UK could do more because we are a stronger player within Europe and contribute a substantial part of the budget, as I said to my hon. Friend the Member for Cheltenham (Martin Horwood). We ought to use our negotiating heft to try to get back powers that, as most hon. Members recognise, the British people want. We should begin a serious renegotiation and say to the EU, “Look, when the next treaty comes through, we want more than Ireland had. We want something that is powerful and strong, and that allows us—the British people—to make our laws for ourselves via Parliament rather than constantly doing so via Europe.” This is a great opportunity for the Government to build on that precedent to the advantage of our country.