---

European Union (Amendment) Bill

We are not talking about past policies of the European Union. We are talking about how the policies of the European Union will be set under this treaty. When the common foreign policy becomes a single foreign policy the degree of discretion that individual members have will be constrained by that common policy, which, I believe, is exactly what this treaty brings to the European scene. As the noble Lord well knows, those policies will not always be agreed by consensus. Article 31.2 of the consolidated text makes it very clear that once the Council has agreed a general strategic interest or objective, the specific decisions on actions and positions that follow from that will be taken by qualified majority voting. The agreement of a general strategic interest or objective in the Council of Europe late at night will be the subject of consensus drafting in order to reach agreement that will need many countries to sign up to statements about which, inevitably, they have some discomfort or doubt. But those statements emerge at the end of conferences as common positions. Under this treaty, once those statements have been put on the stocks as a common position, there will be freedom for the European Union to take actions or positions that extend those positions by qualified majority voting. That is the fact of the treaty. As my noble friend Lord Lamont pointed out, once the Council has asked the high representative to set out a position on an area, whatever he comes back to the Council with will be voted on by qualified majority voting. In a number of areas we have a ratchet built in—a continual creep. The pressure will be for the UK to be a good citizen and to sign up to a general statement, not necessarily immediately, but perhaps one, two or three years down the road. It will form the base from which a decision can be taken by qualified majority voting. The problem—and the reason why I insist that a common position can become a single position—is that this treaty contains all the language which we have heard in the past requiring countries to abide by common policies once they are agreed. They would not be able to take any action, not to speak against them or to register any dissent once a common position has been stated. That is a very significant development in the extent to which these treaties bind us to a position where, ultimately, we may be constrained by countries with very different strategic and tactical interests to our own. Under Amendment No. 111, I should like particularly to draw attention to how that affects our position at the United Nations. As the treaty makes clear, when we have a common position, the UK must request that the European high representative presents that position to the United Nations. Again, the House of Lords’ report is very clear. It is not an option, a nice thing to do. If we have a common EU position, the UK must require that the EU representative presents that position at the United Nations. Where the EU has a common position, it is clear that when the EU representative addresses the United Nations he will be taken as speaking for Europe. That is his status and how he will be seen, not just in isolated areas, but increasingly in all the main topics where the EU, as we can see from this treaty, will seek to occupy the ground of representing a common position of Europe in the world as one of the superpowers. Yes, the UK can speak and has its own vote. But once the European representative has declared the European position to the United Nations, under these treaties the UK is bound not to dissent, not to oppose, not to vote against and not to disagree even with the interpretation that the EU representative has given to the United Nations, even if, when that original common position was defined, the UK voted against under QMV, or if it were a decision taken by unanimity where the UK had abstained. As I see it, that is the threat to our ability to maintain an independent position to side with those countries with whom in the long run we may have a different interest on the world stage than the narrow interests of the European continent. If the Government believe that my concerns are unfounded, as I am sure that the noble Baroness will argue, my Amendment No. 111 offers them a clear way out. Unlike earlier amendments, my amendment does not require changes to the treaty or any change in anything that the Government have signed up to. I distinguish it from Amendment No. 112 on those grounds. It is purely a statement that the UK Parliament retains sovereignty over independence of UK foreign policy. If the Government can assure us that the UK has that independence, I am sure that the noble Baroness will be delighted to accept my amendment to make that clear to the Chamber. Amendment No. 113 addresses the related and very serious point made by my noble friend Lord Tebbit on the danger of a Government under these treaties binding a successor. The treaty appears to be a one-way street. Once a common policy has been defined, there is nothing that I can find in this treaty that allows a Government to dissent or to undo that common policy. As my noble friend has described, if a Government are elected who disagree with a number of policy positions taken by their predecessor and where they have had those endorsed at an election, there is no way that they can repudiate that position unilaterally. It is not like a country entering into its own treaties or agreements where a Government, if they so choose—they may not wish to do that very often—can change them. We will be bound into a common position by the European Union treaties where we have no facility under that treaty for a Government to change their mind. Any change would require the same legislative processes as we have described for introducing the change, which would largely be by unanimity, but, in many cases, by QMV. But we would not have the ability unilaterally to change our policy. These treaties undermine the important principle of no Government holding their successor into a straitjacket. There may even be Governments who of their own volition change their mind or find that circumstances have changed, but are not able to make that clear once they have signed up to a common European policy. I would welcome the noble Baroness the Lord President allaying my fears by saying where in the treaties it is explained how this situation would be dealt with. Assuming that she can do so, I am sure that she would be delighted to accept my amendment, which simply makes clear, as my noble friend Lord Tebbit said, that these treaties do not require one Government to be bound by another. I hope that the Government will allay all my fears by accepting Amendments Nos. 111 and 113. If the noble Baroness does not accept my amendments, I hope she will make clear how the Government can allay my fears.