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European Union (Amendment) Bill

I shall make some progress. I have dealt at length with the difference in nature between the treaties, so let me deal with the differences of substantive detail. When one looks at the really big changes proposed in the old treaty, one finds that, as has emerged from the debate, by far the biggest one was on justice and home affairs. To be specific—as this debate so far has not been—the proposal that the EU would have competence over cross-border police co-operation and cross-border aspects of criminal justice represents, to any fair-minded person, a big shift. It is arguable whether it is of major constitutional significance, but it was the biggest proposed transfer of power in the original treaty. What happened to that transfer provision in the time between the old and new treaties? It remained for other member states, but the United Kingdom negotiated new opt-ins. That is a massive change. When pressed, the right hon. Member for Richmond, Yorks had to acknowledge that, in a way that Conservatives had not done during the rest of our proceedings. What is even more interesting about the UK opt-ins negotiated at Lisbon, which were not in the old treaty, is that they went much further; indeed, they took power back from the EU. Britain gained new opt-ins on aspects of JHA in areas that the Conservatives had signed away at Maastricht. That is one of the greatest ironies of this debate. The Conservatives not only want a referendum on a document that is significantly different, but in opposing the Lisbon treaty, they oppose powers being brought back to this country.