European Union (Approval of Treaty Amendment Decision) Bill [Lords]

Peter Bone Excerpts

Monday 10th September 2012 Commons Chamber

[Mr Lidington]

Yes, I give the right hon. Gentleman that firm assurance. This is nothing to do with enlargement. In effect, the treaty amendment provides a bridging clause between the existing European Union treaties and the separate intergovernmental European stability mechanism treaty that is being reached by the 17 members of the eurozone. It is that intergovernmental treaty that will set out in detail how the stability mechanism for the eurozone will operate.

[Mr Peter Bone (Wellingborough) (Con)]

I welcome the Minister back to the Dispatch Box. He has been helpful on occasions—[Laughter]—on rare occasions.

What I do not understand—this goes to the heart of the matter—is why, if there is an intergovernmental treaty that has nothing to do with the European Union, that we have had nothing to do with and that the Prime Minister wants nothing to do with, we have to be part of amending the EU treaties. We have been told that it has nothing to do with the EU.

[Mr Lidington]

First, I thank my hon. Friend for being so kind as to say that I am helpful to him on certain rare occasions. I am delighted to be able to return the compliment to him in similar measure.

The answer to my hon. Friend is that the proposal to amend article 136 of the treaty on the functioning of the European Union would change one of the treaties of the European Union. As I am sure he realises, any amendment to the treaty on European Union or the treaty on the functioning of the European Union requires the unanimous agreement of the member states of the European Union through the national ratification process of each member state. The rule that everybody has to ratify treaty changes according to their respective constitutional arrangements still applies even if a change to the treaties excludes one or more countries. Theoretically, there could be an amendment to the European treaties that applied to only one country. That is not too fanciful a hypothesis, because there are protocols to the treaties that apply to only one or two member states, but each none the less has to be approved and ratified by all 27 existing European Union member states. We are simply following proper constitutional and legal procedure.