European Union Bill

Debate between Baroness Falkner of Margravine and Baroness Williams of Crosby

Monday 23rd May 2011 Lords Chamber

[Baroness Falkner of Margravine]

My Lords, I would like to speak briefly to a point made by the noble Lord, Lord Kerr of Kinlochard, specifically on Clause 7(3). He mentioned the coalition agreement. I think that on day five in Committee we discussed the coalition agreement and what it said about passerelles. Does he agree that the coalition agreement is clear on this particular use of passerelles, as it says:

“We will amend the 1972 European Communities Act so that … the use of any passerelle would require primary legislation”?

As regards his other more general points, the report of the Constitution Committee, which discusses Clause 7, concludes at paragraph 41:

“We agree with the re-balancing of domestic constitutional arrangements in favour of Parliament”.

Both those statements point in a different direction from that proposed by the noble Lord, Lord Kerr.

[Baroness Williams of Crosby]

I hope that my noble friend will forgive me for breaking into her remarks but I find it hard to understand why that encompasses the words “or otherwise support”, given the arguments that have been made. I do not believe that the noble Lords on the Cross Benches, or I, are for one moment arguing that there should not be an Act of Parliament. The issue is about the run-up to the draft decision that Parliament will make, and whether that run-up should include a proper debate involving Ministers of the Crown.

[Baroness Falkner of Margravine]

I was getting to that. Whoever said that EU legislation was dull and boring should see the enthusiasm of Members of this House to make sure that we examine every sentence. I was going to refer to the comments of the noble Baroness, Lady Williams, on “or otherwise support”, and I shall do so now. Clause 7(3) states:

“A Minister of the Crown may not vote in favour of or otherwise support”.

However, that has to be read in the context of the following words:

“a decision to which this subsection applies unless the draft decision is approved by Act of Parliament”.

My interpretation of the words,

“or otherwise support a decision”,

is a slightly more legalistic one. Will the Minister clarify that point? I see “or otherwise support” as meaning to give assent to “a decision”—meaning a law. In other words, that is a decision as seen in the category of regulations, directives and decisions—in this case, a decision taking immediate effect. That is why supporting —in other words, giving assent to—the making of a law would not be possible, but the Minister would have to come back with a draft decision, and subsequently go back and support it. This might be a rather legalistic view of the issue, but I should be grateful if the Minister can confirm whether that is right. If it is, the words are entirely sensible.