Tuesday 11th January 2011

(13 years, 10 months ago)

Commons Chamber
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Lord Beamish Portrait Mr Jones
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The hon. Gentleman needs to realise that it was this House that passed the 1972 Act that took us into that. If we want to amend it, we can do so by treaty. We could also have said at the time that we were not going to accept certain parts of the treaty negotiations. However, it is not the case that some far-off distant land is imposing things on this country. I know Conservative Members do not like the 1972 Act, but at least it was this Parliament that passed it. That is the important point.

This topic was covered by the European Scrutiny Committee, which says:

“If Parliament wills it may legislate to override the European Communities Act 1972 or the EU Treaties by repealing them”

or

“amending them”.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
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I am slightly foxed. Does not sovereignty mean that if we do not like it, we do not do it, and if we cannot do it and we do not like it, we can change it? Is that not implied by the 1972 Act that was passed by this Parliament? Therefore, if we do not want to do it, this House is sovereign and will not do it. Is that not what we are talking about?

Lord Beamish Portrait Mr Jones
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There is a mechanism by which the House can do that. That mechanism is to amend the 1972 Act or the subsequent treaties. I know it might disappoint the hon. Gentleman to hear this—although perhaps his local association is one of the most pro-European—but we must explain to people how the system through which European law becomes national law in this country actually works. It is not the case that it arrives in an envelope on the Prime Minister’s desk one week, and then it is just adopted. Different countries interpret and combine European legislation and laws into their national legislation in different ways, and in the past our country has been accused of gold-plating certain regulations and other measures.

It is not the case that sovereignty is endangered by Europe. There are powers open to us to change the treaties or Acts if we wish to do so. It is strange that there is a later clause in this Bill on referendums. Strangely, it will bind future Governments and Parliaments to referendums on a range of issues. That is trying to look too far into the future, and many people might object to such a future referendum.