European Union Bill

This is getting hackneyed, but the magic words are there in the first line of the clause and in subsection (2). I have one small point of substance to make in addition in relation to Clause 10, where we have got down to reasonably light procedures—parliamentary approval by a Motion in both Houses. Therefore, my concerns are much reduced compared with my concerns about the appropriateness of the heavy provisions in some of the previous clauses. Indeed, my concerns about Clause 7 and the scope of Clause 7(4) would be more than met if the Government would consider moving some of the less significant items in Clause 7 to the procedures that we are now looking at in Clause 10. A Motion of both Houses rather than an Act of Parliament is much more likely to be right in relation to the fairly inconsequential and urgent matters that I was talking about under enhanced co-operation. The point of substance that I want to raise comes under Clause 10(1)(c), where a procedure is laid down for the approval of decisions under Article 252 of the TFEU permitting an increase in the number of Advocates- General. There are eight Advocates-General assisting 27 Justices of the European Court of Justice. Ten years ago there were eight assisting 15, so clearly the ratio has worsened and should be corrected. The Advocates-General provide a useful element assisting the Court of Justice. I was a member of the sub-committee of the splendid European Union Committee chaired by the noble Lord, Lord Roper. The sub-committee was chaired by the noble and learned Lord, Lord Bowness. A month ago, we recommended that an increase in the number of Advocates-General should be made as soon as possible, because that comparatively straightforward reform would assist the Court in increasing the speed with which cases could be dealt with while improving the quality of decision-making. We pointed out that there was provision in the treaty for an increase in the number of Advocates-General serving the Court and we recommended that the Court of Justice submit a request for an increase to the Council. I do not pretend that it is a very big deal that there would have to be a Motion in both Houses before we could agree. I take this opportunity to say that I hope the Government will agree and will be ready when the right moment comes to see the increase in the number of Advocates-General, which the Court clearly needs and which the UK legal profession believes it needs and is asking for.