European Union Bill

My Lords, to come back to Amendments 16A and 16B, I oppose them because they make it possible for the Government of the day to avoid a referendum if they think that some new EU power grab, whatever it happens to be, is sufficiently urgent or if they think that it is in the national interest. I fear that the supporters of these amendments have not yet grasped the point that the British people do not want any more powers passed to Brussels, period, as the saying goes—full stop. In fact, a growing majority of the British people want all their powers back; they want to be a democracy again with the power to elect and dismiss those who make all their laws. I am afraid that the amendments do not work in detail, either. Who is to decide the urgency of the decision or whether it is in the national interest? The octopus in Brussels of course, not the British Government or Parliament. To be certain of this, we have only to look at the way in which Brussels has treated both our Government and Parliament over many years. I refer of course to its constant indifference to our scrutiny reserve. I remind your Lordships for the record, and for those outside your Lordships’ House who may not know, what the scrutiny reserve is. It is a promise made to Parliament—to the House of Commons and your Lordships’ House—by Governments of all persuasions over many years that they will not sign up to any new law or initiative in Brussels if the Select Committee of either House is still considering it. If the Select Committees have finished looking at it or have agreed it, or if it has been debated in Parliament, the Government of the day are free to sign up in the Council of Ministers in Brussels to whatever initiative is concerned. That is the promise or scrutiny reserve. A Written Answer to me from the noble Lord, Lord Howell of Guildford, on 7 February this year reveals that in the past five years alone the scrutiny reserve has been overridden—in other words, the Government’s promise has been broken—no fewer than 267 times in the House of Commons and 248 times in your Lordships’ House. That means that in the past five years more than 500 proposals from Brussels, which the Select Committee of either House thought sufficiently important to examine and to advise the Government on, became law anyway. The juggernaut rolled on regardless. It is worth adding that the situation does not appear to be improving, despite regular complaints from the Select Committees to the Government. In 2010, 151 overrides were notched up between the two Houses—79 in the House of Commons and 72 in your Lordships’ House.