---

Lisbon Treaty (No.1)

I listened carefully to the hon. Gentleman during his exchange with the right hon. and learned Member for Rushcliffe (Mr. Clarke) and I simply do not see the practical impact of what he is talking about. I shall come to what I am afraid I would describe as the edifice of paranoia that he is attempting to establish about the proposals in the treaty. However, the hon. Gentleman is right to point out that justice and home affairs is a highly sensitive area; that is why it is so important to ensure real safeguards of subsidiarity. As the hon. Gentleman was painting a picture in which we were about to be overrun by people who did not care about democracy, the rule of law or rights for defendants—that is his essential implication about our partners in the European Union—I was astonished that he entirely disregarded what is in the treaty to ensure real safeguards of subsidiarity, and the important general guarantees that enable member states to co-operate but do not impose intrusions from Brussels or Luxembourg. For example, the Lisbon treaty spells out that the European Union"““shall respect the equality of Member States before the Treaties as well as their national identities””." Such a provision is already contained in article 6 of the treaty on the European Union:"““The Union shall respect the national identities of its Member States””." In the 2004 and 2007 texts, that is expanded to respect for state provision to maintain internal law, order and national security. In addition, and of particular importance to the Government, as we have heard, the Lisbon treaty adds:"““In particular, national security remains the sole responsibility of each Member State.””" By the way, that is the first time that such a provision has appeared, and it represents a fundamental difference from the constitutional treaty. Indeed, article 33 of the treaty on the European Union states that the provision on police and judicial co-operation on criminal matters"““shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.””" We have already heard concerns about the creep possibly introduced by the judgments of the European Court.