European Union Bill

My Lords, I have listened with considerable interest to what my noble friend Lord Howell has said, but it has not really led to any conversion of my views. I have of course recognised that Schedule 1 referendums arise only where a universal pattern has been replaced by something that is not universal but is QMV. However, that does not alter the situation. My noble friend the Minister said that very detailed consideration has been given to this, which I entirely accept was the case. However, because it was detailed does not mean that the consideration was correct, and I find it extremely difficult to accept that it was. In the amendments that I have proposed, let us take the appointment of judges and advocates-general. This is something on which unanimity has so far been necessary. I was in fact very impressed by what the noble Lord said. In a case of this kind, it might well be in the interests of the country to have a QMV system rather than one of unanimity. This applies also to the other branches of the schedule which I dealt with. All the treaty provisions in the schedule to which I have specifically referred are limited to cases of legal systems, and each of them is inappropriate for inclusion. I have not attempted to go through in detail the rest of the list in Parts 1 and 2 of Schedule 1, because the situation for some of them may be different. However, it is clear that not only in the legal systems but in a number of others it is not possible to say that the case has been made out. As I said, just because the investigation was detailed that does not mean it was correct. In the circumstances, I will withdraw Amendment 45 —the others have not been moved—but it is likely that this issue will be brought back at a future date, perhaps not specifically limited to legal issues but with a wider list. On that basis I beg leave to withdraw Amendment 45. Amendment 45 withdrawn. Amendments 46 to 47A not moved. Schedule 1 agreed.