The provisions on opting back in are not very clear. The one thing that is clear is who has to pay, which is the United Kingdom. That is the one thing that is absolutely clear. We do not even get to decide how much—the costs are decided by the European Commission.
My anxiety is that the Commission could well say, and has effectively said in some of its public pronouncements thus far, “Well, it’s very interesting that you are interested in 35 opt-in measures, but those 35 are contingent upon at least 18 others”—some of which have been listed in the Home Affairs Committee report. The European Commission may at that point come back to us and say, “We’re sorry. It’s 53 or nothing.” Then we will face a difficult problem, especially as we enter a general election.
The main point that I want to make is about process. As I said, it is somewhat ironic that many Government Members have, for understandable reasons, argued the issues surrounding democratic accountability. The problem is that I do not know what the Government are going to allow us to vote on. The Secretary of State said that it would not be legislation, so we know that it is not going to be a Bill that goes through two Houses, and it is not going to be a statutory instrument either. I do not think it is going to be a treaty, unless she brings us a treaty that has already been signed, but that seems extraordinary to me. I therefore presume it will be some kind of motion.
We have already seen what the Government are trying to do in relation to the Queen’s Speech by not allowing the House to consider an amendment other than one tabled by the Leader of the Opposition. I presume that is largely because any other amendment that was tabled
might relate to the European Union and a referendum. I am suspicious about what the Government are going to present to us and the timeliness of that.
There is probably broad agreement about the number of measures that we would like to opt back in to. It is probably slightly bigger than the Government’s list—about 45 or 50—but the House should take a view before the Government start their negotiations. The worst of all possible situations would be the Government coming forward with an unamendable motion which we simply voted on, almost like a statutory instrument. That would unite both ends—the people who would like to see more opt-ins and those who would like to see no opt-ins. In a sense, that is exactly what happened after the American war of independence, when the Earl of Shelburne lost the treaty negotiations on the preliminaries for the treaty with the Americans. My anxiety is that then the Government do not have a leg to stand on in their negotiations with the European Union.
I hope that the Government will make it clear that we will have a debate in the House before the summer recess in plenty of time for them to negotiate with the European Union. That would not tie their hands. They should make sure that the motion is amendable, so that if people want to vote on whether the European arrest warrant is in or out, they can do so, or on any of the other measures, perhaps packaged in some way—I do not mind. A clear list should come out of the House. How can we possibly preach to Europe about democratic accountability and the importance of what happens in this House if we have not done properly in this House what we should have done in the first place? I will vote for a longer list than the hon. Member for Bury North. I may vote for the same list as the Lord Chancellor—I am not sure—but certainly for a shorter list than the shadow Lord Chancellor. But in the end that should be a decision for the whole House. It should not be stage-managed and organised in backroom deals by the Whips so that the House cannot make a proper decision.
5.51 pm