I am sure that the hon. Gentleman would not want to suggest that anybody has misled the House. I am afraid that he is getting all his opt-ins and opt-outs mixed up. It is very clear what the process is in article 10 of protocol 36:
“The Council, acting by a qualified majority on a proposal from the Commission, shall determine the necessary consequential and transitional arrangements. The United Kingdom shall not participate in the adoption of this decision…The Council, acting by a qualified majority on a proposal from the Commission, may also adopt a decision determining that the United Kingdom shall bear the direct financial consequences”.