European Union Bill

My Lords, those of us who have been around the European communities are familiar with all the problems of Article 352 in its previous formations—Article 308 and even Article 235. It was the competence creep article that the forebears of the noble Lord, Lord Pearson of Rannoch, complained of many years ago. The ECJ and this article were the basic problems of the competence creep about which they so often complained, which is why Clause 8 is in the Bill. On the specific question asked by my noble friend Lord Bowness, it is not yet clear whether the process of Article 352 will be used to switch the Official Journal from written to only electronic form. But if it were used, both in the German Bundestag and the British Parliament, there would have to be parliamentary approval. As noble Lords will know, when the clause says an Act of Parliament, it may be a clause within another Act of Parliament but it would have to be subject to parliamentary approval. This is a hard, technical case and I suspect that when it comes to it, other means will be found of approving this measure than Article 352. Article 352 will now be used a great deal less often than its predecessors, again because the Lisbon treaty provides in so much more detail for so many other competences which the EU now has. Although during the period 2004-09, the predecessors to Article 352 were used a good many times, most of the purposes for which it was used during that period would now be covered by specific articles in the treaty. I hope that I have satisfied noble Lords with that.