European Union Bill

My Lords, I hope that this amendment will not take up too much of the Committee’s time. Its purpose is to amend Clause 6(1), which currently says: "““A Minister of the Crown may not vote in favour of or otherwise support a decision … unless … the draft decision is approved by Act of Parliament, and … the referendum condition is met””." Amendment 29A would delete ““or otherwise support”” and Amendment 32A, which is in this group, would add at the end of subsection (1) that, "““the Minister may indicate support in principle for a decision if the Minister also gives notice that a vote in favour is subject to approval by an Act of Parliament and the referendum condition being met, if required””." I understand why within the logic of the Bill—although it is a logic that we on this side of the Chamber do not accept—the Minister cannot sign up Britain for institutional changes without the conditions of an Act of Parliament or a referendum, if required, being met. However, surely it should be possible for the Minister to indicate support in principle for something that is proposed subject to the requirements of the Act. I do not understand why Clause 6(1) has the words ““or otherwise support””. I hope that what I have just said will find acceptance on the Front Bench opposite and, if that is the position, I shall not delay the Committee any longer. However, it seems that it does not, so perhaps I had better explain why I think that this is an important point. If Ministers are not allowed on behalf of the Government to give any indication of the Government’s attitude towards any proposal, I do not see how they can be expected to represent this country in the councils of the European Union. Can they not discuss with their partners what they might and might not recommend? There is a danger, it seems to us, that the Government are trying to turn our Ministers in the Council of the European Union into perpetual ““no”” men and women who every time they are asked a question about what might happen can only say, ““No, this isn’t permitted under this Act of Parliament””. If that is the Government’s attitude, it is very revealing. I presume that the Government are saying that by definition any proposal for institutional change should be rejected. It is a kind of putting into law in a very rigid way the doctrine of thus far and no further. We have heard many times from the Front Bench opposite that this Government aim to be constructive in their relations with the European Union and that they see a positive role for it, but I cannot understand why a clause prevents a Minister engaging with our partners on a discussion about institutional change and whether this might in certain circumstances be acceptable. It seems to me that it will put the UK completely at odds with our partners, confirm the traditional view of Britain as an awkward partner in the European Union and, because the EU will ignore us and go ahead under enhanced co-operation, almost will the creation of a core Europe that advances with Britain in the outside lane. I find it extraordinary, as do my colleagues, that the kind of thinking behind the Bill is that Britain should somehow be content with this creation of a core Europe of which we are not part, because as any time an institutional issue arises all that our Ministers can say is, ““No””, and cannot otherwise indicate support for the proposal. Under the text of this clause we will end up with no ability on the part of Ministers to offer leadership in Europe and no ability to offer leadership at home when institutional issues are under discussion. I hope that my suspicions will be proved wrong and that in fact Ministers will be free to indicate support for measures subject to the requirements of the Bill. Otherwise, it is a denial of the leadership that we all want to see from this country. I beg to move.