Constitutional Reform and Governance Bill

No, not yet. The Conservatives seem to want to commit us to referendums on almost any conceivable European treaty, however insignificant, but there are other serious problems with the amendment. The hon. Member for Rayleigh was present for the debates about the legislation on Lisbon, so he knows that there are other ways to amend treaties now. Indeed, those measures were part of the Lisbon treaty and one reason why he objected to it. One new procedure for amending treaties is the ordinary revision procedure, and, from the Library briefing, I understand that one could transfer competence from member states to the European Union using that procedure, not just through a treaty. The legal position in UK law is that if that were to happen, there would have to be an Act of Parliament. I am interested to know what the Conservative position is. If there were a competence transfer through the ordinary revision procedure, would that, in Conservative thinking, require a referendum? That would be a very interesting development that is not dealt with by the amendment. Perhaps the hon. Gentleman will be able to explain it. The key problem with the Conservative amendment is that it shows no understanding of how decisions are taken in Europe. It puts together all types of competences, whether they are relatively minor or major, or exclusive or supplementary. Let me take as an example the Lisbon treaty and justice and home affairs. Pre-Lisbon, the EU had competence in pretty much all the aspects of justice and home affairs policy that it has today. The Lisbon treaty did not change the competences; it merely moved them from the intergovernmental arena to the Community method of decision making. For example, there was the transition of the European arrest warrant from an intergovernmental decision to a Community method decision. It was not the transfer of competences that annoyed many Conservatives in relation to the Lisbon treaty, but the decision-making process, so the referendum that is being offered would not deal with many of the problems that Conservative Members have been worried about over recent weeks and months. The fact that the EU has competence in an area does not tell us about the powers or scope of the EU institutions in that area. The Tory amendment is totally silent on that. This proposal is so utterly flawed that it should not even be supported by the hon. Gentleman's colleagues on the Back Benches. It would not do what they want, and it is so bizarre that it would cause any incoming Conservative Government huge problems. I am convinced that the right hon. and learned Member for Rushcliffe will not vote for it. After all, he said that some Eurosceptics would have a referendum on a comma, and it appears that that is absolutely the case among those on the Conservative Front Bench. My colleagues and I will vote against the Conservative proposition, but we will be arguing in the country for a new European referendum—a referendum that people want on Britain's future membership of the European Union.