European Union Bill

My Lords, it might be convenient if I spoke to Amendment 58. It is not in this group, but it is very much part of the balancing act with Clause 18. My purpose in tabling Amendment 58 is to persuade the Government that it would be helpful to have a clause to balance Clause 18. Both the noble Lord, Lord Armstrong of Ilminster, and I would be happier if Clause 18 was not there, so that there would be no need for what one might call a balancing affirmation. However, I suspect that if we wind up with Clause 18, the majority of the House would be happy to have it along with a balancing affirmation. I am not going back into the theology of declaratory clauses, although in different ways, I half infer from a range of speeches, including, to some extent, that of the noble and learned Lord, Lord Mackay, that declaratory clauses are not without value if there is a balance. I hope the Government will not look askance at the idea that I am trying to do them a favour. I know that the noble Lord, Lord Howell, is an honourable man, and I hope I am, and I think this would be helpful. It would avoid the impression that this Bill is simply about giving credence to the idea that everything that comes from Brussels is horrible and that we have to watch like a hawk and have referendums in various places. This is the tone of the Bill. The noble Lord, Lord Howell, made an excellent statement—I am reflecting what was said by the noble Lord, Lord Kerr, and others—but it is hardly the picture that is coming across of the role of the European Union in this Bill. I have taken the liberty of writing out the major pieces of legislation that constitute the framework of where we are in Europe. It is quite significant. I have not even put in all the jargon of the acronyms—TEU and so on. We have the European Communities Act 1972, the amending treaties and the Single European Act 1987. We all remember that these were not little jigsaw pieces. We have the Maastricht treaty of 1992, the Amsterdam treaty of 1997, the Nice treaty of 2001 and the treaty of Lisbon of 2007, which were concluded in the context of the European Union having a dynamic of development with new EU competences side by side with the successive enlargements of the European Union and new competences in fields agreed to be necessary for Europeans to act together. If we are in the business of declaratory clauses, I think that would be a good one and might reflect the views of the majority of the Committee if Clause 18 remains in the Bill. It needs balance. The only other point I shall make is that we have here an affirmation of what the Government claim to be their position. The Minister says that this is the Government’s position and that far from trying to introduce an opt-out from Lisbon via the back door of referendums and so on, they accept responsibilities from the framework of all the signatory nations in implementing this framework and that they will look pragmatically at any new proposals under these treaties in the usual way through the Council, the Parliament and the Commission. I am leaning over backwards. I hope it is not a posture that looks too ridiculous, but if you are going to have Clause 18, a balancing affirmation like this would be very desirable.